CHAPTER 600
H.P. 1426 - L.D. 1926
An Act To Implement the Recommendations of the Joint Standing Committee on State and Local Government Pursuant to the State Government Evaluation Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 3 MRSA §959, as amended by PL 2003, c. 451, Pt. T, §§1 and 2, is further amended to read:
§959. Scheduling guideline for review of agencies or independent agencies
1. Scheduling guidelines. Except as provided in subsection 2, reviews of agencies or independent agencies must be scheduled in accordance with the following. Subsequent reviews must be scheduled on an ongoing basis every 8 years after the dates specified in this subsection.
A. The joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters shall use the following list as a guideline for scheduling reviews:
(1) Baxter State Park Authority in 2003 2009;
(2) Department of Conservation in 2005;
(3) Blueberry Advisory Committee in 2005;
(4) Board of Pesticides Control in 2005;
(5) Wild Blueberry Commission of Maine in 2005;
(6) Seed Potato Board in 2005;
(7) Maine Dairy and Nutrition Council in 2007;
(8) Maine Dairy Promotions Board in 2007;
(9) Maine Milk Commission in 2007;
(10) State Harness Racing Commission in 2007;
(11) Maine Agricultural Bargaining Board in 2003;
(12) Department of Agriculture, Food and Rural Resources in 2003 2009; and
(13) State Soil and Water Conservation Commission in 2003; and
(14) Land for Maine's Future Board in 2007.
B. The joint standing committee of the Legislature having jurisdiction over banking and insurance and financial services matters shall use the following list as a guideline for scheduling reviews:
(1) State Employee Health Commission in 1999 2009; and
(2) Department of Professional and Financial Regulation, in conjunction with the joint standing committee of the Legislature having jurisdiction over business and economic development matters, in 2007.
C. The joint standing committee of the Legislature having jurisdiction over business, research and economic development matters shall use the following list as a guideline for scheduling reviews:
(1) Maine Development Foundation in 1997 2005;
(5) Department of Professional and Financial Regulation, in conjunction with the joint standing committee of the Legislature having jurisdiction over banking and insurance matters, in 2007;
(19) Department of Economic and Community Development in 1997 2005;
(23) Maine State Housing Authority in 1999 2007;
(32) Finance Authority of Maine in 2001 2009;
(33) Petroleum Advisory Committee in 2001 2009;
(36) Board of Dental Examiners in 2003 2011;
(37) Board of Osteopathic Licensure in 2003 2011;
(38) Board of Licensure in Medicine in 2003 2011;
(41) State Board of Nursing in 2003 2011;
(42) State Board of Optometry in 2003 2011;
(45) State Board of Registration for Professional Engineers in 2003 2011; and
(50) Maine Science and Technology Foundation in 2007.
D. The joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters shall use the following list as a guideline for scheduling reviews:
(1) Department of Public Safety, except for the division designated by the Commissioner of Public Safety to enforce the law relating to the manufacture, importation, storage, transportation and sale of all liquor and to administer those laws relating to licensing and the collection of taxes on malt liquor and wine and the Emergency Services Communication Bureau, in 2001; and
(2) Department of Corrections in 2003 2011.
E. The joint standing committee of the Legislature having jurisdiction over education and cultural affairs shall use the following list as a guideline for scheduling reviews:
(1) Telecommunications Relay Services Advisory Council in 1997 2005;
(2) Department of Education in 1997 2005;
(2-A) State Board of Education in 1997 2005;
(3) Maine Arts Commission in 1999 2007;
(5) Maine Historic Preservation Commission in 1999 2007;
(5-A) Notwithstanding section 952, Maine Historical Society in 1999 2007;
(6) Maine Library Commission in 1999 2007;
(6-A) Maine State Cultural Affairs Council in 1999 2007;
(6-B) Maine State Library in 1999 2007;
(6-C) Maine State Museum in 1999 2007;
(7) Maine State Museum Commission in 1999 2007;
(8) Office of State Historian in 1999 2007;
(9) Board of Trustees of the Maine Maritime Academy in 2001 2009;
(10) Board of Trustees of the University of Maine System in 2001 2009;
(12) Maine Community College System in 2001 2009;
(13) Maine Health and Higher Educational Facilities Authority in 2003 2011; and
(14) Maine Educational Loan Authority in 2003 2011.
F. The joint standing committee of the Legislature having jurisdiction over human resource health and human services matters shall use the following list as a guideline for scheduling reviews:
(2) Office of Substance Abuse in 1997 2005;
(3) Maine Advisory Committee on Mental Retardation in 1999 2007;
(6) Department of Human Services in 2001 2009;
(7) Board of the Maine Children's Trust Incorporated in 2003 2011;
(8) Governor's Committee on Employment of People with Disabilities in 2003;
(9) Maine Developmental Disabilities Council in 2003 2011; and
(10) Department of Behavioral and Developmental Services in 2005.
G. The joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters shall use the following list as a guideline for scheduling reviews:
(1) Department of Inland Fisheries and Wildlife in 1997 2005;
(2) Advisory Board for the Licensing of Taxidermists in 2005 2007; and
(3) Atlantic Salmon Commission in 2003 2011.
H. The joint standing committee of the Legislature having jurisdiction over judiciary matters shall use the following list as a guideline for scheduling reviews:
(2) Maine Human Rights Commission in 2001 2009;
(3) Maine Indian Tribal-State Commission in 2003 2011; and
(4) Department of the Attorney General in 2003 2011.
I. The joint standing committee of the Legislature having jurisdiction over labor matters shall use the following list as a guideline for scheduling reviews:
(1) Maine State Retirement System in 1997 2005;
(2) Department of Labor in 1999 2007;
(3) Maine Labor Relations Board in 2001 2009; and
(4) Workers' Compensation Board in 2001 2009.
J. The joint standing committee of the Legislature having jurisdiction over legal and veterans' affairs shall use the following schedule as a guideline for scheduling reviews:
(2) State Liquor and Lottery Commission in 1999 2007;
(3) The division within the Department of Public Safety designated by the Commissioner of Public Safety to enforce the law relating to the manufacture, importation, storage, transportation and sale of all liquor and to administer those laws relating to licensing and the collection of taxes on malt liquor and wine in 1999 2007; and
(4) Department of Defense, Veterans and Emergency Management in 2001 2011.
K. The joint standing committee of the Legislature having jurisdiction over marine resource matters shall use the following list as a guideline for scheduling reviews:
(1) Atlantic States Marine Fisheries Commission in 1997 2005;
(2) Department of Marine Resources in 1997 2005;
(4) Lobster Advisory Council in 1999 2007; and
(5) Maine Sardine Council in 1999 2007.
L. The joint standing committee of the Legislature having jurisdiction over natural resource matters shall use the following list as a guideline for scheduling reviews:
(1) Department of Environmental Protection in 1997 2007;
(2) Board of Environmental Protection in 1997 2007;
(3) Advisory Commission on Radioactive Waste and Decommissioning in 2005;
(4) Saco River Corridor Commission in 2005; and
(5) Board of Underground Oil Tank Installers in 2003 2011.
M. The joint standing committee of the Legislature having jurisdiction over state and local government matters shall use the following list as a guideline for scheduling reviews:
(1) Capitol Planning Commission in 2003 2011;
(1-A) Maine Governmental Facilities Authority in 2005;
(2) State Civil Service Appeals Board in 2005;
(3) State Claims Commission in 2005;
(4) Maine Municipal Bond Bank in 2007;
(5) Office of Treasurer of State in 2007;
(6) Department of Administrative and Financial Services, except for the Bureau of Revenue Services, in 2003 2011;
(7) Department of the Secretary of State, except for the Bureau of Motor Vehicles, in 2003 2011; and
(9) State Planning Office, except for the Land for Maine's Future Board, in 2007.
N. The joint standing committee of the Legislature having jurisdiction over taxation matters shall use the following schedule as a guideline for scheduling reviews:
(1) State Board of Property Tax Review in 2001 2011; and
(2) Department of Administrative and Financial Services, Bureau of Revenue Services in 2003 2011.
O. The joint standing committee of the Legislature having jurisdiction over transportation matters shall use the following schedule as a guideline for scheduling reviews:
(1) Maine Turnpike Authority in 1997 2005;
(2) The Bureau of Motor Vehicles within the Department of the Secretary of State in 1999 2007;
(3) The Department of Transportation in 1999 2007; and
(4) Maine State Pilotage Commission in 2001 2009.
P. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters shall use the following list as a guideline for scheduling reviews:
(1) Public Advocate in 1997 2005;
(2) Board of Directors, Maine Municipal and Rural Electrification Cooperative Agency in 1999 2007;
(3) Public Utilities Commission in 1999 2007; and
(4) The Emergency Services Communication Bureau within the Department of Public Safety in 2001 2009.
2. Waiver. Notwithstanding this list of agencies arranged by year, an agency or independent agency may be reviewed at any time by the committee pursuant to section 954.
Sec. 2. 5 MRSA §1541, first ¶, as amended by PL 1991, c. 780, Pt. Y, §42, is further amended to read:
The Department of Administrative and Financial Services, through the Bureau of Accounts and Control Office of the State Controller, has authority:
Sec. 3. 5 MRSA §1541, sub-§10-A, ¶F, as enacted by PL 2003, c. 451, Pt. F, §1, is amended to read:
F. Access to resources and records must be limited to authorized individuals as determined by the state agency or department head, except that the powers and duties of the State Auditor may not be limited by this subsection. Restrictions on access to resources depend upon the vulnerability of the resource and the perceived risk of loss, both of which must be periodically assessed. The state agency or department head is responsible for maintaining accountability for the custody and use of resources and shall assign qualified individuals for that purpose. Periodic comparison must be made between the resources and the recorded accountability of the resources to reduce the risk of unauthorized use or loss and protect against waste and wrongful acts. The vulnerability and value of the state agency or department resources determine the frequency of this comparison.
Within each state agency or department there must be a qualified employee whose responsibility, in addition to the employee's regularly assigned duties, is to ensure that the state agency or department has written documentation of its internal accounting and administrative control system on file. The employee shall, annually, or more often as conditions warrant, evaluate the effectiveness of the state agency's or department's internal control system and establish and implement changes necessary to ensure the continued integrity of the system. The employee shall:
(1) Ensure that the documentation of all internal control systems is readily available for examination by the State Controller, Commissioner of Administrative and Financial Services and State Auditor;
(2) Certify to the State Controller that the appropriate updates have been made and implemented by the state agency or department;
(3) Ensure that the results of audits and recommendations to improve state agency or department internal controls are promptly evaluated by the state agency or department management;
(4) Ensure that timely and appropriate corrective actions are effected by the state agency or department management in response to an audit; and
(5) Ensure that all actions determined by the state agency or department management as necessary to correct or otherwise resolve matters are addressed by the state agency or department in its budgetary request to the Legislature.; and
(6) Immediately notify the State Controller when an auditor, inspector general or other representative from the Federal Government or another nonstate organization requests access to state agency resources and records related to internal controls.
All unaccounted for variances, losses, shortages or thefts of funds or property must be immediately reported to the State Controller, who shall review the matter to determine the amount involved that must be reported to the appropriate state agency or department management, law enforcement officials and the State Auditor. The State Controller shall also determine the internal control weakness that contributed to or caused the condition. The State Controller shall then make recommendations to the state agency or department official overseeing the internal control system and other appropriate management officials. The recommendations of the State Controller must address the correction of the conditions found and the necessary internal control policies and procedures that must be modified. The state agency or department oversight official and the appropriate management officials shall immediately implement policies and procedures necessary to prevent a recurrence of the problems identified and report the steps taken to the State Controller. From time to time the State Controller shall examine the policies and procedures implemented to ensure that the relevant policies and procedures are functioning appropriately.
Sec. 4. Revision clause. Wherever in the Maine Revised Statutes the words "Bureau of Accounts and Control" appear or reference is made to that bureau within the Department of Administrative and Financial Services, those words are amended to read or mean, as the case may be, "Office of the State Controller," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Effective July 30, 2004, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
