An Act To Strengthen Budget Caps for Counties, Municipalities and School Districts
Sec. 1. 20-A MRSA §15671-A, sub-§5, ¶A, as enacted by PL 2005, c. 2, Pt. D, §35 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
Sec. 2. 20-A MRSA §15671-A, sub-§5, ¶B, as amended by PL 2005, c. 12, Pt. WW, §3 and affected by §18, is repealed and the following enacted in its place:
(1) A majority of the entire membership of the school board or committee must approve the additional amount in a regular budget meeting.
(2) An article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph B and be approved by a majority of the entire membership of the council in a vote taken in accordance with section 15690, subsection 5.
(3) If the council votes to approve the article, the article must be submitted to the legal voters in a referendum held pursuant to subparagraph (6) at the next regular election or a special election called for that purpose, but not later than 45 days after the council’s vote.
(4) If the council votes not to approve the article, voters may petition for a referendum vote on the same article in accordance with subparagraph (5). If a petition is filed in accordance with subparagraph (5), the vote of the council is suspended pending the outcome of the referendum vote.
(5) If a written petition, signed by at least 10% of the number of voters voting in the last gubernatorial election in the municipality, requesting a vote on the additional amount is submitted to the municipal officers within 30 days of the council’s vote pursuant to subparagraph (4), the article voted on by the council must be submitted to the legal voters of the municipality at the next regular election or at a special election called for the purpose but not later than 45 days after the submission of the petition.
(6) The referendum must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters and absentee ballots must be prepared and made available at least 14 days prior to the date of the referendum. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the municipal officers and entered upon the municipal records.
(7) Upon approval of the article by a majority of the voters voting in that referendum, the article takes effect. If the article is not approved by a majority of the voters voting in that referendum, the article does not take effect. Subsequent to the vote, the school committee or board may again propose an additional amount, subject to the requirements of this section.
Sec. 3. 30-A MRSA §706-A, sub-§7, as affected by PL 2005, c. 2, Pt. B, §4 and amended by c. 12, Pt. WW, §10 and affected by §§13 and 14, is repealed and the following enacted in its place:
Sec. 4. 30-A MRSA §5721-A, sub-§7, as affected by PL 2005, c. 2, Pt. C, §5 and amended by c. 12, Pt. WW, §12 and affected by §§15 and 16, is repealed and the following enacted in its place:
(1) The elected members of the town council or city council on a separate article that specifically identifies the intent to exceed the property tax levy limit; and
(2) Notwithstanding any provision of the municipal charter to the contrary, the legal voters of that municipality voting in a referendum on the question of exceeding the property tax levy limit. The article voted on by the council must be submitted to the legal voters in the next regular election or a special election called for that purpose. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters and absentee ballots must be prepared and made available at least 14 days prior to the date of the referendum. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the municipal officers and entered upon the municipal records.
summary
Under Public Law 2005, chapter 2, the so-called "L.D. 1," a county, municipality or school administrative unit in a municipality may exceed the maximum state and local spending targets if a majority of the legislative body responsible for the budget votes specifically to exceed the spending limits.
This bill requires the final vote on whether to exceed the spending limits at the county, municipal or school unit level to be sent to a referendum of the voters in that county, municipality or school unit, respectively.