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Amend the bill by striking out everything after the title and inserting the following:
‘ Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  regional planning commissions are quasi-municipal government organizations established by law; and
Whereas,  these commissions are funded largely by federal, state and local tax money; and
Whereas,  it was the intention of the State in establishing these commissions that they be responsive to local and municipal concerns in the areas they serve; and
Whereas,  it is clear that the current regional planning commission for the St. John Valley area no longer responds effectively to those concerns; 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. Planning commission charter. Notwithstanding the Maine Revised Statutes, Title 30-A, chapter 119, this Act authorizes the establishment of a charter for the St. John Valley Regional Planning Commission, referred to in this Act as "the planning commission." A regional planning commission other than as provided in this Act may not be established or act within the designated jurisdiction of the St. John Valley Regional Planning Commission unless in conformity with this Act.
Sec. 2. Eligibility for funds and grants. State or county funds may not be paid to the planning commission unless the planning commission organizes and governs itself exclusively under this Act. It is the intent of the State that the St. John Valley Regional Planning Commission must govern itself under this Act in order to be eligible for federal funds or grants for any purpose.
Sec. 3. Failure to organize. If the St. John Valley Regional Planning Commission fails to organize and govern itself by this Act, then, on determination of such failure by the county commissioners of Aroostook County and after notice and hearing, the planning commission ceases to have the authority or status as a regional planning commission under the Maine Revised Statutes, Title 30-A, chapter 119, and all funds and assets of the planning commission must be transferred to the Executive Department, State Planning Office or its successor agency. The State Planning Office or its successor shall thereafter act for all purposes and with all authority as the regional planning commission for that region. The county commissioners of Aroostook County may petition the Superior Court to enforce this Act.
Sec. 4. Charter creation. The procedure for establishing the charter for the St. John Valley Regional Planning Commission is as set out in this section.
1. Legal bases for planning commission. The legal bases for the planning commission are contained in the Maine Revised Statutes, Title 30-A, chapter 119 and other applicable laws.
2. Name. St. John Valley Regional Planning Commission, Inc. may conduct business under its corporate name.
3. Executive board; membership. The charter must be established by an executive board, selected in accordance with this section.
A. The executive board comprises members from cities, towns, plantations and unorganized townships in Commissioner District Number 3 in Aroostook County that choose to become members in accordance with the Maine Revised Statutes, Title 30-A, chapter 119. Each municipality shall appoint one member to act as the representative for that municipality on the executive board. A municipality may also designate an alternate representative. The County Commissioner of Commissioner District Number 3 shall appoint one member to act as the representative for the plantations and unorganized townships within that county commissioner's district and may designate an alternate representative. A member of the executive board serves at the pleasure of the appointing authority for that member.
B. The County Commissioner of Commissioner District Number 3 in Aroostook County shall call and convene the first meeting of the executive board.
C. The members of the executive board shall elect a chair and vice-chair from among the membership of the executive board. Each member has one vote.
4. Purpose; guidance; plan. The purpose of the executive board established in subsection 3 is to establish a charter for the St. John Valley Regional Planning Commission that considers the development of the St. John Valley, taking into account present and future needs, with a view toward encouraging the most appropriate use of land, such as for industry, commerce, education, housing, forestry and agriculture, the facilities of transportation and communications, the proper and economic location of public utilities and services, the development of adequate recreational areas, the encouragement of educational programs and facilities, the promotion of good civic design and the wise and efficient expenditure of public funds. The executive board shall use the charter established in Private and Special Law 1989, chapter 89 for guidance. The planning commission established by the charter must promote the health, safety, education and general welfare of the northern Maine region and its inhabitants and have as its purposes:
A. Promotion of cooperative efforts toward regional development;
B. Preparation and maintenance of a comprehensive regional plan. The charter must allow for adequate opportunity by the public to be heard in the preparation of a comprehensive plan;
C. Coordination with state and federal planning and development programs;
D. Provision of planning assistance and advisory services to municipalities; and
E. Provision of programs and services to municipalities.
5. Date of establishment of charter; approval by municipal officers and county commissioners. No later than July 1, 2013, the executive board shall develop the charter in accordance with section 4 and present the charter to the municipal officers of the members of the executive board and the County Commissioner of Commissioner District Number 3 in Aroostook County, who shall vote within 60 days of presentation of the charter on whether to approve the charter.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
 
SUMMARY
This amendment is the minority report of the committee. It establishes the authority for the establishment of a charter for the St. John Valley Regional Planning Commission, the prospective membership of the planning commission and the methodology for the creation and approval of the charter.
FISCAL NOTE REQUIRED
(See attached)