An Act To Initiate the Intergovernmental Advisory Commission's Blueprint for Government
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §721, as amended by PL 1999, c. 253, §1, is further amended to read:
The purpose of this article is to establish in Androscoggin County a method of appropriating money for county expenditures, including the salaries for county officers, according to a budget that must first be adopted is reviewed by a budget advisory committee and must then be submitted to adopted by the county commissioners. This article amends the statutory method in sections 2, 701 and 702 by creating a committee elected by Androscoggin County municipal officers with authority to adopt or amend the budget subject to review and revision by the county commissioners and, if revised, subject to subsequent acceptance or rejection by the budget committee as provided in this article. This article applies only to Androscoggin County.
Sec. 2. 30-A MRSA §723, first ¶, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
In Androscoggin County there is established a budget advisory committee to carry out the purposes of this article.
Sec. 3. 30-A MRSA §723, sub-§2, as amended by PL 1999, c. 253, §4, is further amended to read:
2. Duties. The county budget advisory committee shall review the budget and estimates, including the salaries for county officers, prepared by the county commissioners , and shall approve a final county budget as provided in this article and make recommendations to the county commissioners.
Sec. 4. 30-A MRSA §725, sub-§3, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
3. Budget advisory committee process. After the public hearing required under subsection 2 is completed, the budget advisory committee may make recommendations to increase, decrease, alter or revise the proposed budgets provided that as long as:A. The budget advisory committee shall enter enters into its minutes an explanation for any recommended change in the estimated expenditures and revenues as initially presented by the county commissioners; and
B. The total estimated revenues, together with the amount of county tax to be levied, must equal the total estimated expenditures.
Sec. 5. 30-A MRSA §725, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
4. Public hearing on revised budget. The budget committee county commissioners shall hold at least one additional public hearing in the county on the proposed budget, as revised by the budget committee including the recommendations from the budget advisory committee, before the end of the county's fiscal year and before the final adoption of the budget. Notice of the hearing must be given at least 10 days before the hearing in all newspapers of general circulation within the county. Written notice and a copy of the proposed budget shall must be mailed or delivered in person to the clerk of each municipality in the county. The municipal clerk shall notify the municipal officials of the proposed budget.
Sec. 6. 30-A MRSA §725, sub-§5, as amended by PL 1999, c. 253, §5, is further amended to read:
5. Adoption of budget. After the public hearing or hearings held under subsection 4 are completed, the budget committee shall adopt a final budget and transmit that budget to the county commissioners shall adopt a final budget by a majority vote of the county commissioners at a duly called meeting not later than December 15th. The county commissioners may not revise the budget adopted by the budget committee, except by unanimous vote of the commissioners elected. If the adopted budget is changed by the county commissioners, the budget committee may reject that change by a 2/3 vote of its membership. Those actions are final and are not subject to further action by either county commissioners or the budget committee. The budget and the capital improvement program submitted under subsection 1 must be finally adopted by a majority vote of the budget committee at a duly called meeting held before the end of the county's fiscal year.
Sec. 7. 30-A MRSA §725, sub-§7, as amended by PL 1999, c. 253, §7, is further amended to read:
7. Assessment of taxes. The budget as approved under this article is the final authorization for the assessment of county taxes. The budget must be sent to the county commissioners and the county tax authorized is apportioned and collected in accordance with section 706.
Sec. 8. 30-A MRSA §726, as amended by PL 1999, c. 253, §9, is further amended to read:
The approved budget governs the expenditures of the county during the fiscal year. No expenses may be incurred in excess of those shown in the approved budget, but the county commissioners may transfer funds as provided in section 922, and the budget may be from time to time revised by the preparation and submission of a proposed amended budget by the county commissioners to the budget committee. The budget committee shall within 15 calendar days approve, disapprove or amend this revised budget. This proposed amended budget must be submitted to the county budget advisory committee for review. Any recommendations by this committee must be submitted within 10 calendar days. The county commissioners have final authority to adopt budget amendments. A report of approval of a revised budget must be transmitted to the State Auditor within 15 days of the approval.
Sec. 9. 30-A MRSA §739, sub-§1, ¶F, as enacted by PL 1989, c. 475, §§1 and 2, is amended to read:
F. The county finance committee shall review and approve and make recommendations on the budget and estimates, including the budget for municipal services in the unorganized territory prepared by the county commissioners.
Sec. 10. 30-A MRSA §739-B, sub-§2, as enacted by PL 1989, c. 475, §§1 and 2, is amended to read:
2. Budget review process. The finance committee shall review the itemized estimated budget prepared by the county commissioners, together with any supplementary material prepared by the head of each county department or provided by any independent board or institution or another governmental agency. The finance committee shall prepare a proposed budget and may make recommendations to increase, decrease or alter the estimated budget provided that as long as:A. The finance committee enters into its minutes an explanation for any suggested change in the estimated expenditures and revenues as initially presented by the county commissioners; and
B. In the proposed budget, the The total estimated revenues, together with the amount of county tax to be levied, equals equal the total estimated expenditures.
Sec. 11. 30-A MRSA §739-B, sub-§3, as enacted by PL 1989, c. 475, §§1 and 2, is amended to read:
3. Public hearing. The finance committee county commissioners shall hold a public hearing in the county on its the proposed budget before the end of the county's fiscal year and before the final adoption of the budget. Notice of the hearing shall must be given at least 10 days before the hearing in all newspapers of general circulation within the county. Written notice and a copy of the proposed budget shall must be sent by mail, or delivered in person, to the clerk of each municipality in the county. The municipal clerk shall notify the municipal officials of the proposed budget.
Sec. 12. 30-A MRSA §739-B, sub-§4, as enacted by PL 1989, c. 475, §§1 and 2, is amended to read:
4. Finality of budget. After the public hearing is completed, the finance committee shall adopt a final budget and transmit that budget to the county commissioners shall adopt a final budget by a majority vote of the county commissioners at a duly called meeting not later than December 15th. The county commissioners shall not further increase, decrease, alter or revise the budget as adopted by the finance committee, except by unanimous vote of the county commissioners. If the adopted budget is changed by the county commissioners, the finance committee may reject that change by a 2/3 vote of its membership. Those actions shall be final and not subject to further action by either the county commissioners or finance committee.
Sec. 13. 30-A MRSA §739-B, sub-§5, as enacted by PL 1989, c. 475, §§1 and 2, is amended to read:
5. Assessment of taxes. The budget as so adopted and changed under subsection 4 is the final authorization for the assessment of county taxes. The approved final budget shall be sent to the county commissioners and the county tax authorized shall must be apportioned and collected in accordance with section 706. The approved final budget for the unorganized territories shall must be sent to the State as provided by section 7503.
Sec. 14. 30-A MRSA §739-C, as enacted by PL 1989, c. 475, §§1 and 2, is amended to read:
The approved final budget shall govern governs the expenditures of the county during the fiscal year. No expenses may be incurred in excess of those shown in the approved final budget, but the budget may be from time to time revised by the preparation and submission of a proposed amended budget by the county commissioners to the finance committee for approval. Only after the finance committee has approved an amended approved final budget, shall the amendment become effective. This proposed amended budget must be submitted to the finance committee for review. Any recommendations by this committee must be submitted within 10 calendar days. The county commissioners have final authority to adopt budget amendments. A report of approval of an amended budget shall must be transmitted to the State Auditor within 15 days of an approval of an amended budget by the finance committee.
Sec. 15. 30-A MRSA §751, first ¶, as enacted by PL 1991, c. 257, is amended to read:
In Knox County, there is established a budget advisory committee to carry out the purposes of this article. As used in this article, "county commissioners" means the county commissioners of Knox County.
Sec. 16. 30-A MRSA §751, sub-§1, ¶F, as enacted by PL 1991, c. 257, is amended to read:
F. The county budget advisory committee shall review the itemized estimated budget prepared by the county commissioners , prepare a proposed budget and after a public hearing approve a final budget.
Sec. 17. 30-A MRSA §753, as amended by PL 1993, c. 345, §§2 and 3, is further amended to read:
1. Proposed budget. The county commissioners shall submit an itemized estimated budget, as described in sections 701, 702 and 7503, in the form of a budget, to the budget advisory committee in a timely fashion no later than 60 days before the end of the county's fiscal year. The county commissioners must identify in the itemized estimated budget all revenue sources, including balances in reserve accounts and other such funds, used in arriving at their budget estimates.
2. Budget review process. The budget advisory committee shall review the itemized estimated budget prepared by the county commissioners, together with any supplementary material prepared by each county department or provided by any independent board or institution or another governmental agency. The budget committee may use the surplus balance in any reserve account retained by the county after the purposes for which the account was created are accomplished or abandoned to reduce the county tax levy in the same manner as county commissioners are authorized to do under section 921. The budget advisory committee shall prepare a proposed budget and may make recommendations to increase, decrease or alter the itemized estimated budget if:A. The budget advisory committee records in its minutes an explanation for any suggested change in the itemized estimated budget initially presented by the county commissioners; and
B. The total estimated revenues, together with the amount of county tax to be levied, equals equal the total estimated expenditures in the proposed budget.
3. Public hearing. The budget committee county commissioners shall hold a public hearing in the county on its the proposed budget before the end of the county's fiscal year and before the final adoption of the budget. Notice of the hearing must be given at least 10 days before the hearing in all newspapers of general circulation within the county. Written notice and a copy of the proposed budget must be sent by mail or delivered in person to the clerk of each municipality in the county. The municipal clerk shall notify the municipal officials of the receipt of the proposed budget.
4. Finality of budget. After the public hearing is completed, the budget committee shall adopt a final budget and transmit that budget to the county commissioners shall adopt a final budget by a majority vote of the county commissioners at a duly called meeting not later than December 15th. The county commissioners may not further increase, decrease, alter or revise the budget as adopted by the budget committee, except by unanimous vote of the county commissioners. If the adopted budget is changed by the county commissioners, the budget committee may reject that change by a 2/3 vote of its membership. Those actions are final and are not subject to further action by either the county commissioners or the budget committee.
5. Assessment of taxes. The budget as adopted and changed under subsection 4 is the final authorization for the assessment of county taxes. The approved final budget must be sent to the county commissioners and the county tax authorized is apportioned and collected in accordance with section 706.
6. Interim budget. Until a budget is finally approved, the county shall operate on an interim budget that may not exceed the previous year's budget.
7. Transfer of funds. The county commissioners may transfer funds as provided in section 922.
Sec. 18. 30-A MRSA §754, as enacted by PL 1991, c. 257, is amended to read:
The approved final budget governs the expenditures of the county during the fiscal year. Expenses may not be incurred in excess of those shown in the approved final budget. The budget may be revised if the county commissioners prepare and submit a proposed budget amendment to the budget advisory committee for approval. The amended budget becomes effective only after the budget committee has approved the amendment. The budget advisory committee must submit any recommendations to the county commissioners within 10 calendar days. The county commissioners have final authority to adopt budget amendments. A report of an approval of a budget amendment must be transmitted to the State Auditor within 15 days of that approval by the budget advisory committee.
Sec. 19. 30-A MRSA §831, as enacted by PL 1993, c. 623, §1, is amended to read:
There is established the York County Budget Advisory Committee, referred to in this article as the "budget advisory committee," to carry out the purposes of this article. As used in this article, "county commissioners" means the county commissioners of York County and "county" means York County.
Sec. 20. 30-A MRSA §833, as enacted by PL 1993, c. 623, §1, is amended to read:
1. Budget procedures. The county commissioners shall submit itemized finance estimates in the form of a budget to the budget advisory committee no later than 60 days before the end of the county's fiscal year.
2. Budget review process. The budget advisory committee shall review the itemized estimated budget prepared by the county commissioners, together with any supplementary material prepared by the head of each county department or provided by any independent board or institution or another governmental agency. The budget advisory committee shall prepare a proposed budget and may make recommendations to increase, decrease or alter the estimated budget as long as:A. The budget advisory committee enters into its minutes an explanation for any suggested change in the estimated expenditures and revenues as initially presented by the county commissioners; and
B. In the proposed budget, the The total estimated revenues, together with the amount of county tax to be levied, equal the total estimated expenditures.
3. Public hearing. The budget committee county commissioners shall hold a public hearing in the county on the proposed budget before the end of the county's fiscal year and before the final adoption of the budget. Notice of the hearing must be given in all newspapers of general circulation within the county at least 10 days before the hearing. Written notice and a copy of the proposed budget must be sent by mail, or delivered in person, to the clerk of each municipality in the county. The municipal clerk shall notify the municipal officials of the proposed budget.
4. Adoption of budget; tax levy. After the public hearing is completed, the budget committee county commissioners shall adopt a final budget and transmit that budget to the county commissioners by majority vote at a duly called meeting not later than December 15th. The budget adopted and changed under this subsection is the final authorization for the assessment of county taxes, and the county tax authorized is apportioned and collected in accordance with section 706. A. The budget adopted by the budget committee may be changed only by a majority vote of the county commissioners and a majority vote of all elected members of the budget committee. Those actions are final and are not subject to further action by either the county commissioners or the budget committee.
B. The budget adopted and changed under this subsection is the final authorization for the assessment of county taxes and the county tax authorized is apportioned and collected in accordance with section 706.
Sec. 21. 30-A MRSA §835, as enacted by PL 1993, c. 623, §1, is amended to read:
The budget committee county commissioners shall file a copy of the final budget with the State Auditor on forms approved by the Department of Audit. The State Auditor shall retain the forms for 3 years.
Sec. 22. 30-A MRSA §836, as enacted by PL 1993, c. 623, §1, is repealed.
Sec. 23. 30-A MRSA §851, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
The purpose of this article is to establish in Waldo County a method of appropriating money for county expenditures, according to a budget, which must first receive approval of a budget committee the county commissioners have the final authority to adopt. This article amends the statutory method in sections 2, 701 and 702 by transferring the authority of the Waldo County legislative delegation and the Legislature to approve the Waldo County budget to a committee comprised the county commissioners of Waldo County and municipal officials. This article applies only to Waldo County.
Sec. 24. 30-A MRSA §853, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
2. Duties. The county budget advisory committee shall review the budget estimates prepared by the county commissioners and approve a final county budget make recommendations.
Sec. 25. 30-A MRSA §855, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
2. Budget review process. The budget advisory committee shall review the proposed itemized budget prepared by the county commissioners, together with any supplementary material prepared by the head of each county department or provided by any independent board or institution or another governmental agency. The budget advisory committee may make recommendations to increase, decrease, alter or revise the proposed budget , provided that as long as:A. The budget advisory committee shall enter enters into its minutes an explanation for any proposed change in the estimated expenditures and revenues as initially presented by the county commissioners; and
B. The total estimated revenues, together with the amount of county tax to be levied, must equal the total estimated expenditures.
Sec. 26. 30-A MRSA §855, sub-§3, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
3. Public hearing. The budget committee county commissioners shall hold a public hearing in the county on the proposed budget before the end of the county's fiscal year and before the final adoption of the budget. Notice of the hearing shall must be given at least 10 days before the hearing in a newspaper of general circulation within the county. Written notice and a copy of the proposed budget shall must be sent by registered or certified mail with return receipt requested, or delivered in person, with proof received of the delivery, to the clerk of each municipality in the county. The municipal clerk shall notify the municipal officers of the proposed budget.
Sec. 27. 30-A MRSA §855, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
4. Adoption of budget. After the public hearing is completed, the budget committee county commissioners may further increase, decrease, alter and revise the proposed itemized budget, subject to the conditions and restrictions imposed in subsection 2. The proposed itemized budget must be finally adopted by a majority vote of the budget committee county commissioners at a duly called meeting not later than the end of the county's fiscal year. The approved budget is the final authorization for the assessment of county taxes. The budget shall be sent to the county commissioners and the county tax authorized shall must be apportioned and collected in accordance with section 706.
Sec. 28. 30-A MRSA §856, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
The approved budget shall govern governs the expenditures of the county during the fiscal year. No expenses may be incurred in excess of those shown in the approved budget, but the budget may be revised from time to time by the preparation and submission of a proposed amended budget by the county commissioners to the budget advisory committee. The budget advisory committee shall render, not less than 15 calendar days, except in emergencies, nor more than 30 days after the submission to it, a decision recommendations on any such revised budget. The county commissioners have final authority to adopt budget amendments. An approved revised budget shall must be transmitted to the State Auditor within 15 days of the budget advisory committee's action.
Sec. 29. 30-A MRSA §862, first ¶, as amended by PL 2001, c. 471, Pt. B, §16 and affected by §18, is further amended to read:
In Kennebec County there is established the Kennebec County Budget Advisory Committee to carry out the purposes of this article. The budget advisory committee consists of 9 elected or appointed municipal officials and a subcommittee of 6 nonvoting members of the county legislative delegation or their designees as provided in this section.
Sec. 30. 30-A MRSA §864, sub-§2, as amended by PL 2001, c. 170, §4, is further amended to read:
2. Budget review process. The budget advisory committee shall develop a proposed budget following review of review the itemized budget estimate prepared by the county commissioners, together with any supplementary material prepared by the head of each county department or provided by any independent board or institution or another governmental agency. The budget advisory committee may propose that the budget estimate be increased, decreased, altered or revised , provided that as long as:A. The budget advisory committee enters into its minutes an explanation for any recommended change in the estimated expenditures and revenues as initially presented by the county commissioners; and
B. The total estimated revenues, together with the amount of county tax to be levied, equals equal the total estimated expenditures.
Sec. 31. 30-A MRSA §864, sub-§3, as amended by PL 2001, c. 170, §4, is further amended to read:
3. Public hearing. The budget committee county commissioners shall hold at least 2 public hearings in the county on the proposed budget before the end of the county's fiscal year and before submitting the budget to the commissioners. At least one public hearing must be held in the northern part of the county and at least one public hearing must be held in the southern part of the county. Notice of the hearing must be given at least 10 days before the hearing in a newspaper of general circulation within the county.
Sec. 32. 30-A MRSA §864, sub-§4, as amended by PL 2001, c. 170, §4, is further amended to read:
4. Approval of budget. After the public hearings are completed, the budget committee county commissioners shall adopt a final budget and shall submit that budget to the county commissioners for review not later than the end of the county's fiscal year, subject to the conditions and restrictions imposed in subsection 2 by majority vote at a duly called meeting not later than December 15th. The county commissioners may not revise the budget adopted by the budget committee except by unanimous vote of the county commissioners. If the adopted budget is changed by the county commissioners, the budget committee may reject that change by a 2/3 vote of its membership. Those actions are final and are not subject to further action by either the county commissioners or the budget committee.
Sec. 33. 30-A MRSA §874, sub-§2, as enacted by PL 1991, c. 495, is amended to read:
2. Budget review process. The advisory committee shall review the itemized estimated budget prepared by the county commissioners, together with any supplementary material prepared by the head of each county department or provided by any independent board or institution or another governmental agency. The advisory committee shall prepare a proposed budget and may make recommendations to increase, decrease or alter the estimated budget as long as:A. The advisory committee enters into its minutes an explanation for any suggested change in the estimated expenditures and revenues as initially presented by the county commissioners; and
B. In the proposed budget, the The total estimated revenues, together with the amount of county tax to be levied, equal the total estimated expenditures.
Sec. 34. 30-A MRSA §874, sub-§3, as enacted by PL 1991, c. 495, is amended to read:
3. Public hearing. The advisory committee county commissioners shall hold a public hearing in the county on the proposed budget before the end of the county's fiscal year and before the final adoption of the budget. Notice of the hearing must be given in all newspapers of general circulation within the county at least 10 days before the hearing. Written notice and a copy of the proposed budget must be sent by mail, or delivered in person, to the clerk of each municipality in the county. The municipal clerk shall notify the municipal officials of the proposed budget.
Sec. 35. 30-A MRSA §874, sub-§4, as enacted by PL 1991, c. 495, is amended to read:
4. Finality of budget. After the public hearing is completed, the advisory committee county commissioners shall adopt a final budget and transmit that budget to the county commissioners by majority vote at a duly called meeting not later than December 15th. The county commissioners may not further increase, decrease, alter or revise the budget adopted by the advisory committee, except by unanimous vote of the county commissioners. If the adopted budget is changed by the county commissioners, the advisory committee may reject that change by a 2/3 vote of its membership. Those actions are final and are not subject to further action by either the county commissioners or the advisory committee.
Sec. 36. 30-A MRSA §891, as corrected by RR 1991, c. 1, §39, is amended to read:
Notwithstanding sections 2, 701 and 702, in Oxford County the county commissioners may appropriate money , according to a budget that must be prepared reviewed by the Oxford County Budget Advisory Committee and approved by the county commissioners. A unanimous vote of the county commissioners is required to change the budget as presented by the Oxford County Budget Advisory Committee.
Sec. 37. 30-A MRSA §893, sub-§2, as amended by PL 2005, c. 29, §1, is further amended to read:
2. Budget estimate; submission to budget advisory committee. The Oxford County commissioners shall submit a budget estimate for the coming year to the budget advisory committee no later than November 1st of each year. The budget advisory committee shall review the budget estimate and prepare the budget. The budget must be presented make any recommendations to the county commissioners before December 1st of each year. The county commissioners shall act on the budget in a timely fashion, not adopt a final budget at a duly called meeting no later than the 3rd Tuesday in December of the year preceding the budget year. 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. Those actions are final and not subject to further action by either the county commissioners or the budget advisory committee.
Sec. 38. 30-A MRSA §895, as enacted by PL 1993, c. 582, §1, is amended to read:
There is established the Somerset County Budget Advisory Committee, referred to in this article as the "budget advisory committee," to carry out the purposes of this article. As used in this article, "county commissioners" means the county commissioners of Somerset County.
Sec. 39. 30-A MRSA §897, sub-§2, as enacted by PL 1993, c. 582, §1, is amended to read:
2. Budget review process. The budget advisory committee shall review the itemized estimated budget prepared by the county commissioners, together with any supplementary material prepared by the head of each county department or provided by any independent board or institution or other governmental agency. The budget advisory committee shall prepare a proposed budget and may make recommendations to increase, decrease or alter the estimated budget as long as:A. The budget advisory committee enters into its minutes an explanation for any suggested change in the estimated expenditures and revenues as initially presented by the county commissioners; and
B. In the proposed budget, the The total estimated revenues, together with the amount of county tax to be levied, equal the total estimated expenditures.
Sec. 40. 30-A MRSA §897, sub-§3, as enacted by PL 1993, c. 582, §1, is amended to read:
3. Public hearing. The budget committee county commissioners shall hold a public hearing in the county on the proposed budget before the end of the county's fiscal year and before final adoption of the budget. Notice of the hearing must be given in all newspapers of general circulation within the county at least 10 days before the hearing. Written notice and a copy of the proposed budget must be sent by mail or delivered in person to the clerk of each municipality in the county. The municipal clerk shall notify the municipal officials of the proposed budget.
Sec. 41. 30-A MRSA §897, sub-§4, as enacted by PL 1993, c. 582, §1, is amended to read:
4. Adoption of budget; tax levy. After the public hearing is completed, the budget committee county commissioners shall adopt a final budget and transmit that budget to the county commissioners by majority vote at a duly called meeting not later than December 15th. The budget adopted under this subsection is the final authorization for the assessment of county taxes, and the county tax authorized is apportioned and collected in accordance with section 706. A. The county commissioners may not further increase, decrease, alter or revise the budget adopted by the budget committee except by unanimous vote of the county commissioners. If the adopted budget is changed by the county commissioners, the budget 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 committee upon failure of the commissioners to unanimously recommend changes in the budget transmitted from the budget committee or upon acceptance or rejection of changes by the budget committee.
B. The budget adopted under this subsection is the final authorization for the assessment of county taxes and the county tax authorized is apportioned and collected in accordance with section 706.
Sec. 42. 30-A MRSA §899-A, as enacted by PL 1995, c. 462, Pt. A, §51, is repealed.
Sec. 43. 30-A MRSA §900-K, sub-§1, as enacted by PL 2005, c. 124, §1, is amended to read:
1. Budget advisory committee. "Budget advisory committee" means the Penobscot County Budget Advisory Committee.
Sec. 44. 30-A MRSA §900-N, sub-§2, as enacted by PL 2005, c. 124, §1, is amended to read:
2. Budget; submission to budget advisory committee. The Penobscot County commissioners shall submit a budget for the coming year to the budget advisory committee no later than November 10th of each year. The budget advisory committee shall review the budget with the county commissioners prior to November 30th and make recommendations for any additions or deletions to the budget by a majority vote of the budget advisory committee. A unanimous vote of the county commissioners is required to override the budget committee. The county commissioners shall adopt a final budget by majority vote at a duly called meeting not later than December 15th.
Sec. 45. Apportionment commission. An apportionment commission, referred to in this section as "the commission," is established to apportion county commissioner districts to increase the number of county commissioner districts in all counties except Aroostook County, Knox County and York County. The commission must be established in accordance with the procedure set out in the Constitution of Maine, Article IV, Part Third, Section 1-A for apportionment of legislative districts except that the commission may convene at any time, and the budget for the commission may be established in the same fiscal year as the commission is required to convene. For each county, the commission shall develop 2 plans, one that increases the number of county commissioner districts from 3 to 5 and one that increases the number of districts from 3 to 7. The commission shall include in its apportionment plans the initial terms of office for each commissioner district. The plan to increase the number of districts to 5 must designate 2 commissioner districts that have 2-year initial terms and 3 commissioner districts that have 4-year initial terms. The plan to increase the number of districts to 7 must designate 3 commissioner districts that have 2-year initial terms and 4 commissioner districts that have 4-year initial terms. All subsequent terms under both plans are for 4 years. The commission shall conduct the reapportionment according to the process established in the Maine Revised Statutes, Title 30-A, section 65, subsection 1, paragraphs A and B.
Sec. 46. County referendum. Each county except Aroostook County, Knox County and York County shall submit the proposed apportionment plan under section 45 that increases the number of county commissioner districts to 7 to the legal voters of the county at a statewide election held in November 2008. If the legal voters of a county reject the proposed apportionment plan to increase the number of county commissioner districts to 7, then the proposed apportionment plan under section 45 that increases the number of county commissioner districts to 5 is adopted for that county. The apportionment commission under section 45 shall submit the plans adopted by each county to the Clerk of the House of Representatives no later than January 15, 2009 for enactment by the First Regular Session of the 124th Legislature.
Sec. 47. Election of county commissioners. The election of county commissioners in the reapportioned districts approved pursuant to section 46 must take place on the first Tuesday after the first Monday in November 2010.
Sec. 48. Government chart of accounts. The Department of Audit shall supply on the publicly accessible website of the department the government chart of accounts for municipal and county governments developed under Resolve 2005, chapter 136. This standardized chart of accounts may be used voluntarily by any level of government.
Sec. 49. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 30-A, chapter 3, subchapter 1, article 2 the words "Androscoggin County Budget Committee" or "budget committee" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Androscoggin County Budget Advisory Committee" or "budget advisory committee," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 50. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 30-A, chapter 3, subchapter 1, article 4-A the words "Knox County Budget Committee" or "budget committee" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Knox County Budget Advisory Committee" or "budget advisory committee," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 51. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 30-A, chapter 3, subchapter 1, article 6-A the words "York County Budget Committee" or "budget committee" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "York County Budget Advisory Committee" or "budget advisory committee," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 52. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 30-A, chapter 3, subchapter 1, article 7 the words "Waldo County Budget Committee" or "budget committee" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Waldo County Budget Advisory Committee" or "budget advisory committee," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 53. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 30-A, chapter 3, subchapter 1, article 8 the words "Kennebec County Budget Committee" or "budget committee" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Kennebec County Budget Advisory Committee" or "budget advisory committee," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 54. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 30-A, chapter 3, subchapter 1, article 12 the words "Somerset County Budget Committee" or "budget committee" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Somerset County Budget Advisory Committee" or "budget advisory committee," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 55. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 30-A, chapter 3, subchapter 1, article 15 the words "Penobscot County Budget Committee" or "budget committee" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Penobscot County Budget Advisory Committee" or "budget advisory committee," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
summary
This bill amends the county budget process so that all county budget committees are advisory only and the county commissioners have the authority to adopt a final budget. It amends the budget process in the counties of Androscoggin, Aroostook, Knox, York, Waldo, Kennebec, Franklin, Oxford, Somerset and Penobscot.
This bill establishes an apportionment commission to increase the number of county commissioner districts to 5 or 7 in all counties except York County, which already has 5 commissioner districts, and Knox County and Aroostook County, both of which have county charters that set the number of commissioner districts at 3. It requires the apportionment commission to develop 2 plans, one that increases the number of county commissioner districts to 5 and one that increases the number to 7. Voters in each county vote on whether to accept the plan that increases the number of districts to 7. If the referendum fails, that county shall adopt the plan increasing the number of districts to 5. The plans chosen by county voters are to be submitted to the Legislature for enactment no later than January 15, 2009. Election of county commissioners must take place at the November 2010 election.
This bill requires the Department of Audit to post on its website the government chart of accounts for municipal and county governments.