HP1085, LD 1476, item 1, An Act To Streamline the County Budget Process

An Act To Streamline the County Budget Process

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 30-A MRSA §831, as enacted by PL 1993, c. 623, §1, is amended to read:

§ 831. Committee established

There is established the York County Budget Advisory Committee, referred to in this article as the "budget 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. 2. 30-A MRSA §832, as amended by PL 2007, c. 663, §14, is further amended to read:

§ 832. Membership

The budget committee consists of 15 10 voting members and one nonvoting member selected as follows.

1. Municipal and public representatives. No later than 100 days before the end of the county's fiscal year, elected municipal officials within each commissioner district shall caucus and elect representatives to the budget committee from that district for terms as provided in paragraph A. There must be 3 2 members from each commissioner district, 2 one of whom are is an elected municipal officials and one of whom is a public representative official elected by the district caucus, and one of whom is a member of the public who is not a municipal official and who is a resident of that district, appointed by the county commissioner of that district. No more than one member may represent the same municipality at a time.

A. Members shall serve for 3-year terms , except that initially each district caucus shall select one member for a one-year term, one member for a 2-year term and one member for a 3-year term. If a committee member ceases to be a municipal officer or official during the term of membership, the committee member shall resign the membership and the next district caucus shall elect a qualified municipal officer or official to fill the membership for the remainder of the unexpired term.

2. Legislative member. No later than 100 days before the end of the county's fiscal year, the York County legislative delegation shall elect one of the delegation's members to serve as a nonvoting member on the budget committee.

3. Committee chair. The Each year, the budget committee shall select its own chair each year , who must be an appointed public member.

Sec. 3. 30-A MRSA §833, sub-§4, ¶A, as enacted by PL 1993, c. 623, §1, is amended to read:

A. The budget adopted by the budget committee may be changed only by a majority unanimous 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.

Sec. 4. 30-A MRSA §834, as enacted by PL 1993, c. 623, §1, is repealed and the following enacted in its place:

§ 834. Interim budget

If the budget committee fails to submit a budget to the county commissioners within 30 days following the start of the fiscal year, the budget submitted by the commissioners becomes the approved budget for the county. If a budget is not approved before the start of a fiscal year, the county shall operate on an interim budget not to exceed that of the previous fiscal year until a budget is finally adopted.

Sec. 5. 30-A MRSA §837 is enacted to read:

§ 837. Budget amendments

The approved budget governs the expenditures of the county during the fiscal year. Expenses may not be incurred in excess of those shown in the approved budget, but the budget may be from time to time revised by the preparation of an amended budget by the county commissioners. The amended budget takes effect when approved by the county commissioners. A report of an amended budget must be transmitted by the county commissioners to the State Auditor within 15 days of that approval.

Sec. 6. 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:

§ 851. Purpose

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. 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 of Waldo County residents and municipal officials. This article applies only to Waldo County.

Sec. 7. 30-A MRSA §853, 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:

§ 853. Waldo County Budget Committee

In Waldo County there is established a the Waldo County Budget Advisory Committee , referred to in this article as "the budget committee," to carry out the purposes of this article.

1. Membership. The budget committee shall consist consists of 9 voting members, 3 members from each commissioner district selected as provided for in this section subsection. The county commissioners shall serve on the committee in an advisory capacity only and may not vote on any committee matters. Each year, the budget committee shall select its own chair, who must be an appointed public member.

In 1987, and thereafter, at least no later than 90 days before the end of every fiscal year, the members shall be are elected by the following procedure.

A. The county commissioners shall notify all municipal officers in the county to caucus by county commissioner districts at a specified date, time and place for the purpose of nominating at least to elect under paragraph B one municipal officer and one resident who is a members of the public and who is not a municipal officer from each district as a candidate for members of the county budget committee ; except that in 1987, at least 3 municipal officers shall be nominated from each district. A county commissioner shall serve as nonvoting moderator for his that commissioner district's caucus. Nominations shall be received from the floor. The nominee receiving the most votes shall be approved. Any other nominees who receive a majority vote of those present shall also be approved. The names of those duly approved shall be recorded and forwarded to the county commissioners to be placed on a written ballot. Each county commissioner shall appoint to the budget committee a member of the public who is a resident of the commissioner's district.

B. The county commissioners shall have written ballots printed with the names of those candidates selected in to represent their districts under paragraph A. Each commissioner district shall must require a separate ballot and each ballot shall must specify each candidate's full name and municipality and whether the candidate is an elected municipal official or a member of the public. The county commissioners shall distribute the appropriate ballots to each municipality within a commissioner district. The municipal officers shall vote as a board for one budget committee member from the candidates on the ballot and return the ballot to the county commissioners by a certain date, except that in 1987, the municipal officers shall vote as a board for 3 budget committee members. The ballots shall must be counted at a regular meeting of the county commissioners. Each vote shall be is weighted according to that municipality's population as a proportion of the district's total population, except that no a municipality may not have more than one budget committee member. The county commissioners shall notify each municipality, in writing, of the results of the election and shall certify the results to the Secretary of State.

2. Duties. The county budget committee shall review the budget estimates prepared by the county commissioners and approve a final county budget.

3. Term of office. The term of office shall be is 3 years, provided that as long as a budget committee member who is a municipal officer remains a municipal officer in the municipal officer's municipality , except that of those elected in 1987, one from each district shall be elected for a term of 3 years; one from each district shall be elected for a term of 2 years; and one from each district shall be elected for a term of one year or who is a member of the public remains a member of the public and a resident of the public member's municipality.

4. Vacancies. A vacancy occurring on the budget committee shall must be filled by the committee for the balance of the unexpired term. The person appointed to fill the vacant office must be a municipal officer from or a member of the public who is a resident of the same municipality as the person vacating the office.

5. Expenses. Members shall serve without compensation, but shall be are reimbursed from the county treasury for expenses lawfully incurred by them in the performance of their duties.

Sec. 8. 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 repealed and the following enacted in its place:

4. Adoption of budget. After the public hearing under subsection 3 is completed, the budget committee shall adopt a final budget and transmit that budget to the county commissioners. The budget adopted by the budget committee may be changed only by a unanimous vote of the county commissioners.

Sec. 9. 30-A MRSA §855, sub-§5, 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 repealed and the following enacted in its place:

5. Interim budget. If the budget committee fails to submit a budget to the county commissioners within 30 days following the start of the fiscal year, the budget submitted by the commissioners becomes the approved budget for the county. If a budget is not approved before the start of a fiscal year, the county shall operate on an interim budget not to exceed that of the previous fiscal year until a budget is finally adopted.

Sec. 10. 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:

§ 856. Budget amendments

The approved budget shall govern governs the expenditures of the county during the fiscal year. No expenses Expenses may not 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 committee for review. The budget committee shall render, not less than 15 calendar days, except in emergencies, nor submit to the county commissioners any recommendations no more than 30 10 days after receipt of the submission to it, a decision on any such revised budget. An approved A revised budget shall takes effect upon approval by the county commissioners and must be transmitted to the State Auditor within 15 days of the budget committee's action budget's approval.

Sec. 11. Staggered terms. Notwithstanding the provisions of the Maine Revised Statutes, Title 30-A, section 853, subsection 3, the terms of all members of the Waldo County Budget Advisory Committee terminate upon the next election of the budget committee under Title 30-A, section 853, subsection 1 held after the effective date of this Act. Of the members elected at the first election of the budget committee under Title 30-A, section 853, subsection 1 held subsequent to the effective date of this Act, one from each commissioner district must be elected for a term of 2 years and one from each commissioner district must be elected for a term of one year.

summary

This bill amends the county budget procedures for York County and Waldo County in the following ways.

1. For York County, this bill renames the York County Budget Committee the York County Budget Advisory Committee, requires 5 of the 10 voting members to be from the public and requires its chair be an appointed public member. This bill also requires a unanimous vote by the York County commissioners to amend the budget sent to them by the York County Budget Advisory Committee, changes the provisions concerning interim budgets and adds provisions concerning budget amendments.

2. For Waldo County, this bill renames the Waldo County Budget Committee the Waldo County Budget Advisory Committee, requires 6 of the 9 voting members to be from the public and requires its chair be an appointed public member. This bill also requires a unanimous vote by the Waldo County commissioners to amend the budget sent to them by the Waldo County Budget Advisory Committee, changes provisions concerning interim budgets and amends the provisions concerning budget amendments.

HP1085 LD 1476	First Regular Session - 125th Maine Legislature		LR 1468 Item 1
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