SP0338
LD 1021
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 1232
Item 2
Bill Tracking Chamber Status

Amend the resolve by striking out everything after the title and before the summary and inserting the following:

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

Whereas,  the Advisory Committee to Lower the Cost of State Government is established in this resolve to advise the Office of Program Evaluation and Government Accountability to analyze State Government and identify efficiencies that would lead to spending reductions; and

Whereas,  the study must be initiated before the 90-day period expires in order that the study 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. A-1. Office of Program Evaluation and Government Accountability study. Resolved: That the Office of Program Evaluation and Government Accountability shall undertake, in consultation with the advisory committee, a comprehensive study analyzing State Government with the goals of consolidating functions and eliminating duplication and inefficiencies in contracted personal services and in administrative and supervisory positions within the structure of State Government. The study must investigate and identify major sources of administrative excess, redundancy, inefficiency and program overlap with other state, local or federal programs. The study must identify positions in the unclassified service and major policy-influencing positions, as set out in the Maine Revised Statutes, Title 5, chapter 71, and contracted services that should be eliminated or consolidated to deliver the optimum services in the most cost-effective manner. The study must seek to achieve a targeted spending reduction of $30,000,000 annually. The Office of Program Evaluation and Government Accountability may hire expert staff to assist with these duties as it determines necessary within its budgeted resources.

Sec. B-1. Advisory committee established. Resolved: That the Advisory Committee to Lower the Cost of State Government, referred to in this resolve as “the advisory committee,” is established; and be it further

Sec. B-2. Advisory committee membership. Resolved: That the advisory committee consists of 13 members appointed as follows:

1. Appointments by the President of the Senate:

A. Three members of the Senate, one Senator from the political party having the largest number of members in the Senate and 2 Senators from the political party having the second-largest number of members in the Senate. One of the Senators must serve on the Joint Standing Committee on State and Local Government and one must serve on the Government Oversight Committee; and
B. One member of the public representing a statewide organization working with and representing low-income residents of the State;

2. Appointments by the Speaker of the House:

A. Five members of the House of Representatives, 3 from the political party having the largest number of members in the House of Representatives and 2 from the political party having the second-largest number of members in the House of Representatives. At least one of the members from each political party must serve on the Joint Standing Committee on State and Local Government and one must serve on the Government Oversight Committee; and
B. One member of the public from a statewide organization representing municipal governments; and

3. Appointments by the Governor:

A. Two members of the public representing statewide business organizations, one of whom must represent small business; and
B. One member of the public who is a retired state employee with expertise in state government financial matters; and be it further

Sec. B-3. Chairs. Resolved: That the first-named Senate member is the Senate chair of the advisory committee and the first-named House of Representatives member is the House chair of the advisory committee; and be it further

Sec. B-4. Appointments; convening of advisory committee. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. Within 15 days after appointment of all members, the chairs shall call and convene the first meeting of the advisory committee, which must be no later than 30 days after all appointments are made; and be it further

Sec. B-5. Duties. Resolved: That the advisory committee shall provide advice and consultation to the Office of Program Evaluation and Government Accountability as it undertakes the analysis of State Government outlined in Part A, section 1. At least 2 of the advisory committee’s authorized meetings may be public hearings held in Augusta; and be it further

Sec. B-6. Staff assistance. Resolved: That the Office of Program Evaluation and Government Accountability shall provide necessary staffing services to the advisory committee; and be it further

Sec. B-7. Compensation. Resolved: That the legislative members of the advisory committee are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the advisory committee. Public members not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses and, upon a demonstration of financial hardship, a per diem equal to the legislative per diem for their attendance at authorized meetings of the advisory committee; and be it further

Sec. B-8. Report. Resolved: That, no later than January 8, 2008, the advisory committee and the Office of Program Evaluation and Government Accountability shall jointly submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Joint Standing Committee on State and Local Government and the Joint Standing Committee on Appropriations and Financial Affairs for consideration in the Second Regular Session of the 123rd Legislature. Following receipt and review of the report, the Joint Standing Committee on State and Local Government may submit a bill based on the report to the Second Regular Session of the 123rd Legislature; and be it further

Sec. B-9. Funding sources. Resolved: That the advisory committee shall seek outside funds to fully fund all costs of the advisory committee. If sufficient outside funding has not been received by July 15, 2007 to fully fund all costs of the advisory committee, no meetings are authorized and no expenses of any kind may be incurred or reimbursed. Contributions to support the work of the advisory committee may not be accepted from any party having pecuniary or other vested interest in the outcome of the matters being studied. Any person, other than a state agency, desiring to make a financial or in-kind contribution must certify to the Legislative Council that it has no pecuniary or other vested interest in the outcome of the study. Such a certification must be made in the manner prescribed by the Legislative Council. All contributions are subject to approval by the Legislative Council. All funds accepted must be forwarded to the Executive Director of the Legislative Council along with an accounting record that includes the amount of funds, the date the funds were received, from whom the funds were received and the purpose of and any limitation on the use of those funds. The Executive Director of the Legislative Council shall administer any funds received by the advisory committee. The executive director shall notify the chairs of the advisory committee and the Director of the Office of Program Evaluation and Government Accountability when sufficient funding has been received; and be it further

Sec. B-10. Advisory committee budget. Resolved: That the chairs of the advisory committee, with assistance from the advisory committee staff, shall administer the advisory committee's budget. Within 10 days after its first meeting, the advisory committee shall present a work plan and proposed budget to the Legislative Council for its approval. The advisory committee may not incur expenses that would result in the advisory committee's exceeding its approved budget. Upon request from the advisory committee, the Executive Director of the Legislative Council shall promptly provide the advisory committee chairs and staff with a status report on the advisory committee budget, expenditures incurred and paid and available funds; and be it further

Sec. B-11. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.

LEGISLATURE

Study Commissions - Funding 0444

Initiative: Allocates funds for the per diem and expenses of the advisory committee.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
Personal Services
$2,200 $0
All Other
$5,350 $0
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $7,550 $0

LEGISLATURE
DEPARTMENT TOTALS 2007-08 2008-09
OTHER SPECIAL REVENUE FUNDS
$7,550 $0
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $7,550 $0

PROGRAM EVALUATION AND GOVERNMENT ACCOUNTABILITY, OFFICE OF

Office of Program Evaluation and Government Accountability 0976

Initiative: Appropriates funds for consultant services.

GENERAL FUND 2007-08 2008-09
All Other
$150,000 $0
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $150,000 $0

PROGRAM EVALUATION AND GOVERNMENT ACCOUNTABILITY, OFFICE OF
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
$150,000 $0
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $150,000 $0

SECTION TOTALS 2007-08 2008-09
GENERAL FUND
$150,000 $0
OTHER SPECIAL REVENUE FUNDS
$7,550 $0
inline graphic sline.gif inline graphic sline.gif
SECTION TOTAL - ALL FUNDS $157,550 $0

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This amendment, which is the minority report, makes a number of changes to the resolve.

1. It changes the commission from a legislative study staffed by the Office of Program Evaluation and Government Accountability to a study that is conducted and staffed by the Office of Program Evaluation and Government Accountability in consultation with an advisory committee.

2. It amends the membership of the committee from 11 to 13. It includes one more Senator and one more member of the House of Representatives. It replaces the member of the Maine Development Foundation with a member representing municipalities. It requires one of the members representing business to represent small businesses. It requires a member of the public appointed by the Governor to be a retired state employee with expertise in state government financial matters.

3. It includes an examination of contracted personal services in the study of State Government.

4. It requires the report to be submitted to the Joint Standing Committee on Appropriations and Financial Affairs, in addition to the Joint Standing Committee on State and Local Government.

5. It changes the date by which the advisory committee must have raised outside funding to support its activities from September 15, 2007 to July 15, 2007.

FISCAL NOTE REQUIRED
(See attached)


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