CHAPTER 124
H.P. 274 - L.D. 361
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 of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this bill concerns the Penobscot County Budget Committee, which will deal with significant issues prior to July 1, 2005; 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. 30-A MRSA c. 3, sub-c. 1, art. 15 is enacted to read:
ARTICLE 15
PENOBSCOT COUNTY BUDGET COMMITTEE
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
1. Budget committee. "Budget committee" means the Penobscot County Budget Committee.
2. Municipal official. "Municipal official" means any elected member of a municipal government in Penobscot County.
§900-L. Budget; appropriations and approval
Notwithstanding sections 2, 701 and 702, in Penobscot County the county commissioners may appropriate money according to a budget that must be prepared and finalized in accordance with this article.
There is established the Penobscot County Budget Committee to carry out the purposes of this article.
1. Membership. The budget committee consists of the following members:
A. Two members elected from each commissioner district as provided in subsection 2;
B. Two municipal officials appointed by each county commissioner from the commissioner's district; and
C. One member of the county legislative delegation appointed by each county commissioner from the commissioner's district.
2. Municipal official elections. Before October 15th of every year, the county commissioners shall notify all municipal officials to caucus by county commissioner district at a specified date, time and place for the purpose of electing one municipal official from each district as a member of the budget committee. Each county commissioner shall serve as nonvoting moderator for that district caucus. Nominations must be received from the floor. The nominee receiving the most votes is the budget committee member. The name of the member elected by the caucus must be recorded and forwarded to the county commissioners.
3. Term; vacancy; replacement. Budget committee members serve 2-year terms. If a budget committee member ceases to be a municipal official during the term of membership, the budget committee member vacates membership and a replacement must be appointed by the county commissioner from the district in which the vacancy occurred.
1. Public hearing. The county commissioners shall hold one or more public hearings on the budget at times convenient for the residents of the county and before December 16th of each year.
2. Budget; submission to budget committee. The Penobscot County commissioners shall submit a budget for the coming year to the budget committee no later than November 10th of each year. The budget committee shall review the budget with the county commissioners prior to November 30th and make additions or deletions to the budget by a majority vote of the budget committee. A unanimous vote of the county commissioners is required to override the budget committee.
3. Assessment of taxes. The budget adopted under subsection 2 is the final authorization for the assessment of county taxes. The county tax authorized is apportioned and collected in accordance with section 706.
4. Final budget; filing. A copy of the final budget must be filed on forms approved by the Department of Audit with the State Auditor, who shall retain it for 3 years.
5. Interim budget. If the budget is not approved before the start of the fiscal year, the county must operate on an interim budget that does not exceed the budget of the previous year until a final budget is adopted.
Sec. 2. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 30-A, section 900-M, subsections 2 and 3, before October 15, 2005, each county commissioner district shall elect 2 members to serve on the Penobscot County Budget Committee, one of whom serves a one-year term and one of whom serves a 2-year term.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 18, 2005.
| Revisor of Statutes Homepage | Subject Index | Search | 122nd Laws of Maine | Maine Legislature |
About the 1st Regular & 1st Special Session Laws Of Maine
