An Act To Clarify the School Budget Development Process in Certain Charter Municipalities

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the school district reorganization law enacted in 2007 established a uniform school budget validation referendum process for state-approved units of school administration; and

Whereas,  the new budget process also requires a school administrative unit of a single municipality to integrate the referenda procedures with any school budget adoption procedures that may have been previously established in that municipality's charter; and

Whereas,  the law governing that integration has been interpreted to preempt procedures established in a municipal charter that are merely procedural in nature and allow for a duly elected municipal council to be involved in the development of a school budget that is ultimately recommended to the legislative body; and

Whereas,  clarifying legislation is immediately necessary to allow for procedures established by municipal charter to be made effective during the development of the 2014-15 school budget; 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,

Sec. 1. 20-A MRSA §2307, sub-§1,  as enacted by PL 2007, c. 668, §28 and affected by §55, is amended to read:

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

The school district reorganization law enacted in 2007 established a uniform school budget validation referendum process for state-approved units of school administration composed of 2 or more member municipalities. The new budget process requires that a state-approved unit of school administration composed of a single municipality must also integrate the referenda procedures with any school budget adoption procedures that may have been previously established in a municipal charter. This emergency bill clarifies in time for budgets developed after January 1, 2014 that the statute integrating the budget adoption law for municipal school units with municipal charters does not preempt municipal charter provisions that establish school budget development, review and recommendation procedures that occur prior to the meeting held by the municipal legislative body to vote on the school budget.