CHAPTER 30
H.P. 955 - L.D. 1369
Resolve, Directing the Intergovernmental Advisory Group to Review Unfunded Mandates
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve directs the Intergovernmental Advisory Group to review certain unfunded mandates; and
Whereas, the review must be initiated before the 90-day period expires in order that the review 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. 1. Intergovernmental Advisory Group to conduct review. Resolved: That the Intergovernmental Advisory Group established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 75-C shall conduct a review of unfunded state mandates that pertain to municipalities and shall identify those unfunded state mandates that were enacted prior to November 23, 1992, the effective date of the Constitution of Maine, Article IX, Section 21, which limits the imposition of unfunded state mandates. In conducting its review, the Intergovernmental Advisory Group shall:
1. Prepare a comprehensive listing of the state mandates placed on municipalities that are considered by the affected units of government to be deserving of analysis and review;
2. Identify for each listed mandate the precise legal origin of the mandate, whether state law or rule, a combination of both or any other originating authority. The Intergovernmental Advisory Group shall also provide notice and analysis of federal mandates that contribute to or conflict with specific state mandates on municipalities;
3. Identify the statewide local government costs of each listed mandate within the limits of practicability; and
4. Identify the characteristics of each listed mandate that cause the affected units of government to believe the mandate is deserving of review. Identified characteristics may include, but are not limited to, the following:
A. Archaic or unnecessary features or features lacking significant public purpose;
B. Inadequate funding;
C. Disproportionate efforts for the public policy benefit;
D. Coordination between federal law and regulation and state law and rule;
E. Subjection to excessive administrative oversight; and
F. An insufficient structure to predict, measure or control local costs; and be it further
Sec. 2. Participation of other entities. Resolved: That the Intergovernmental Advisory Group, in the conduct of its duties, may seek information from all related state agencies, statewide or regional associations representing municipalities and statewide associations representing the beneficiaries or interests that may be affected by the repeal, modification, redesign, enhanced coordination or delayed implementation of the mandates; and be it further
Sec. 3. Report. Resolved: That, no later than November 2, 2005, the Intergovernmental Advisory Group shall 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 Legislative Council. In its proposed implementing legislation, the Intergovernmental Advisory Group may include proposals to repeal, modify, redesign, effectively coordinate or delay the implementation of any of the listed mandates, as may be appropriate. The Intergovernmental Advisory Group is not authorized to introduce legislation. Following receipt and review of the report, the Joint Standing Committee on State and Local Government may report out a bill to the Second Regular Session of the 122nd Legislature.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 20, 2005.
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