CHAPTER 624
H.P. 1437 - L.D. 2039
An Act To Establish Municipal Cost Components for Unorganized Territory Services To Be Rendered in Fiscal Year 2006-07
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, prompt determination and certification of the municipal cost components in the Unorganized Territory Tax District are necessary to the establishment of a mill rate and the levy of the Unorganized Territory Educational and Services Tax; 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 enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §1611 is enacted to read:
§1611. Limitation on municipal cost component
1. Growth limitation. Except as otherwise provided in this section, the municipal cost component may not exceed the growth limitations established in subsection 2.
2. Calculation of growth limitations. The growth limitation factors are calculated as follows.
A. The growth limitation factor for the aggregate cost of the municipal cost components provided by the State is the same as the General Fund appropriation limitation factor calculated under Title 5, section 1534, subsection 2.
B. The growth limitation factor for the cost of the municipal cost components provided by a county may not exceed the municipal cost component assessment limit for that county. For purposes of this section, a municipal cost component assessment limit must be determined by the State Tax Assessor annually for the unorganized territory in each county using the criteria provided under Title 30-A, section 5721-A as if the unorganized territory for each county were a municipality.
3. Exceeding or increasing growth limitations. Growth limitations on the municipal cost component may be exceeded or increased as follows.
A. A governmental body with the authority to approve the county municipal cost component under Title 30-A, chapter 305 may exceed or increase the county growth limitation only if that action is approved by a majority of the county budget committee or county budget advisory committee and the county commissioners.
B. The Legislature may exceed or increase the municipal cost component growth limitation for a state component by including a provision in the municipal cost component legislation enacted pursuant to section 1604 that specifically states the intent of the Legislature to exceed or increase the growth limitation.
4. Application. This section applies to municipal cost component fiscal years beginning on or after July 1, 2007.
Sec. 2. Municipal cost components for services rendered. In accordance with the Maine Revised Statutes, Title 36, chapter 115, the Legislature determines that the net municipal cost component for services and reimbursements to be rendered in fiscal year 2006-07 is as follows:
Audit - Fiscal Administration $118,207
Education 12,174,098
Forest Fire Protection 160,000
Human Services - General Assistance 72,250
Property Tax Assessment - Operations 739,706
Maine Land Use Regulation Commission -
Operations 352,962
__________
TOTAL STATE AGENCIES $13,617,223
County Reimbursements for Services:
Aroostook $772,375
Franklin 625,146
Hancock 159,917
Kennebec 6,585
Oxford 428,846
Penobscot 773,520
Piscataquis 894,323
Somerset 815,936
Washington 691,723
__________
TOTAL COUNTY SERVICES $5,168,371
__________
TOTAL REQUIREMENTS $18,785,594
COMPUTATION OF ASSESSMENT
Requirements $18,785,594
Less Deductions:
General -
State Revenue Sharing $290,000
Homestead Reimbursement 100,000
Miscellaneous Revenues 50,000
Transfer from Undesignated
Fund Balance 2,300,000
__________
Educational -
Lands Reserve Trust $100,000
Tuition - Travel 250,000
Miscellaneous 5,000
Special - Teacher Retirement 200,000
__________
__________
__________
Sec. 3. Review and recommendation. The Commission to Study the Cost of Providing Certain Services in the Unorganized Territories shall review growth limitations established by the portion of this Act enacting the Maine Revised Statutes, Title 36, section 1611 and make recommendations for retaining, amending or repealing those limitations to the joint standing committee of the Legislature having jurisdiction over taxation matters as part of its reporting responsibilities under Resolve 2005, chapter 125. The commission also shall develop a new budget funding mechanism for the office of the fiscal administrator of the unorganized territory within the Department of Audit that promotes budget transparency and provides better fiscal accountability for inclusion in the municipal cost component for fiscal years beginning on or after July 1, 2007. The joint standing committee of the Legislature having jurisdiction over taxation matters may submit legislation related to the recommendations of the commission to the First Regular Session of the 123rd Legislature.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 4, 2006.
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