An Act To Implement the Recommendations of the Joint Standing Committee on State and Local Government Pursuant to the State Government Evaluation Act
Maine Legislature, Session 121, LD 1926
Amends: 3 MRSA §959, 5 MRSA §1541

Legislative Document 
No. 1926 
H.P.1426 
House of Representatives, March 16,2004 
An Act To Implement the Recommendations of the Joint Standing 
Committee on State and Local Government Pursuant to the State 
Government Evaluation Act 
Reported by Representative McLAUGHLIN of Cape Elizabeth for the Joint Standing 
Committee on State and Local Government pursuant to the Maine Revised Statutes, Title 3, 
chapter 35 and Resolve 2003, chapter 101, section 1. 
Printed on recycled paper 
77/~ 
1?1·17ItJ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 3 MRSA §959, as amended by PL 2003, c. 451, Pt. T, 
§§1 and 2, is further amended to read: 
§959. 
Scheduling guideline for review of agencies or independent 
agencies 
1. 
Scheduling guidelines. 
Except as provided in subsection 
2, reviews of agencies or independent agencies must be scheduled 
in accordance with the following. 
Subseguent reviews must be 
scheduled on an ongoing basis every 8 years after the dates 
specified in this subsection. 
A. 
The joint standing committee of the Legislature having 
jurisdiction over 
agriculture, 
conservation 
and 
forestry 
matters shall use the following list as 
a 
guideline for 
scheduling reviews: 
(1) 
Baxter State Park Authority in aGG~ 2009; 
(2) 
Department of Conservation in 2005; 
(3) 
Blueberry Advisory Committee in 2005; 
(4) 
Board of Pesticides Control in 2005; 
(5) 
Wild Blueberry Commission of Maine in 2005; 
(6) 
Seed Potato Board in 2005; 
(7) 
Maine Dairy and Nutrition Council in 2007; 
(8 ) 
Maine Dairy Promotions Board in 2007; 
( 9 ) 
Maine Milk Commission in 2007; 
(10 ) 
State Harness Racing Commission in 2007; 
( 11) 
Maine Agricultural Bargaining Board in 2003; 
(12) 
Department 
of 
Agriculture, 
Food 
and 
Rural 
Resources in aGG~ 2009; and 
fl~}--~~~-S9il-~~B&~-~9B~e£¥a~J9B-~~~~-iB 
aGGh-aBs 
(14) 
Land for Maine's Future Board in 2007. 
Page l-LR2772(1) 
B. 
The joint standing committee of the Legislature having 
jurisdiction 
over 
baB~i~--a!l.e. 
insurance 
and 
financial 
services matters shall use the following list as a guideline 
for scheduling reviews: 
(1) 
State Employee Health Commission in 1999 2009; and 
(2) 
Department 
of 
Professional 
and 
Financial 
Regulation, 
in conjunction with 
the 
joint standing 
committee of the Legislature having jurisdiction over 
business and economic development matters, in 2007. 
C. 
The joint standing committee of the Legislature having 
jurisdiction 
over 
business, 
development matters 
shall 
use 
guideline for scheduling reviews: 
research 
and 
the 
following 
economic 
list as 
a 
(1) 
Maine Development Foundation in 1991 2005; 
(5) 
Department 
of 
Professional 
and 
Financial 
Regulation, 
in conjunction with 
the 
joint standing 
committee of the Legislature having jurisdiction over 
banking and insurance matters, in 2007; 
(19) 
Department of Economic and Community Development 
in 1991 2005; 
(23) 
Maine State Housing Authority in 1999 2007; 
(32) 
Finance Authority of Maine in 6991 2009; 
(33) 
Petroleum Advisory Committee in 6991 2009; 
(36) 
Board of Dental Examiners in 6996 2011; 
(37) 
Board of Osteopathic Licensure in 6996 2011; 
(38) 
Board of Licensure in Medicine in 6996 2011; 
(41) 
State Board of Nursing in 6996 2011; 
(42) 
State Board of Optometry in 6996 2011; 
(45) 
State 
Board 
of 
Registration for 
Professional 
Engineers in 6996 2011; and 
(50) 
Maine Science and Technology Youndation in 2007. 
D. 
The joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters 
shall use the following list as a guideline for scheduling 
reviews: 
(1) 
Department 
of 
Public 
Safety, 
except 
for 
the 
division 
designated 
by 
the 
Commissioner 
of 
Public 
Safety to enforce the law relating to the manufacture, 
importation, storage, transportation and sale of all 
liquor 
and 
to 
administer 
those 
laws 
relating 
to 
licensing and the collection of taxes on malt liquor 
and 
wine 
and 
the 
Emergency 
Services 
Communication 
Bureau, in 2001; and 
(2) 
Department of Corrections in 6GG6 2011. 
E. 
The joint standing committee of the Legislature having 
jurisdiction over education and cultural affairs shall use 
the following list as a guideline for scheduling reviews: 
(1) 
Telecommunications Relay Services Advisory Council 
in ;1991 2005; 
(2) 
Department of Education in ;1991 2005; 
(2-A) 
State Board of Education in ;1991 2005; 
(3) 
Maine Arts Commission in ;1999 2007; 
( 5) 
2007; 
Maine Historic Preservation Commission in 
±999 
(5-A) 
Notwithstanding section 952, 
Maine Historical 
Society in ;1999 2007; 
(6) 
Maine Library Commission in ;1999 2007; 
(6-A) 
2007; 
Maine State Cultural Affairs Council in ;1999 
(6-B) 
Maine State Library in ±999 2007; 
(6-C) 
Maine State Museum in ±999 2007; 
(7) 
Maine State Museum Commission in ;1999 2007; 
(8) 
Office of State Historian in ;1999 2007; 
(9) 
Board of Trustees of the Maine Maritime Academy in 
6GG;1 2009; 
(10) 
Board of Trustees of the University of Maine 
System in 6991 2009; 
(12) 
Maine Community College System in 6991 2009; 
(13) 
Maine Health and Higher Educational Facilities 
Authority in 699~ 2011; and 
(14) 
Maine Educational Loan Authority in 699~ 2011. 
F. 
The joint standing committee 
jurisdiction over 
liHHlaa--£e-6e~£ee 
matters shall use the following 
scheduling reviews: 
of the Legislature having 
heal th and human services 
list as 
a 
guideline for 
(2) 
Office of Substance Abuse in 1997 ~; 
(3) 
Maine Advisory Committee on Mental Retardation in 
1999 2007; 
(6) 
Department of Human Services in 6991 ~; 
(7) 
Board of the Maine Children's Trust Incorporated 
in 699~ 2011; 
~gt--~e-£~~-6-~~it~~-ea-Emp~eymeR~-~-~b&-witli 
gisaBi1ities-ia-69g~T 
(9) 
Maine Developmental Disabilities Council in 
699~ 
2011; and 
(10) 
Department 
of 
Behavioral 
and 
Developmental 
Services in 2005. 
G. 
The joint standing committee of the Legislature having 
jurisdiction over 
inland 
fisheries 
and wildlife 
matters 
shall use the following list as a guideline for scheduling 
reviews: 
(1) 
Department of Inland Fisheries and Wildlife in 
1997 2005; 
(2) 
Advisory Board for the Licensing of Taxidermists 
in 6999 2007; and 
(3) 
Atlantic Salmon Commission in 699~ 2011. 
H. 
The joint standing committee of the Legislature having 
jurisdiction over judiciary matters shall use the following 
list as a guideline for scheduling reviews: 
(2) 
Maine Human Rights Commission in 6991 2009; 
(3) 
Maine Indian Tribal-State Commission in 699~ 2011; 
and 
(4) 
Department of the Attorney General in 699~ 2011. 
I. 
The joint standing committee of the Legislature having 
jurisdiction over labor matters shall use the following list 
as a guideline for scheduling reviews: 
(1) 
Maine State Retirement System in 1991 2005; 
(2) 
Department of Labor in 1999 kQQl; 
(3) 
Maine Labor Relations Board in 6991 2009; and 
(4) 
Workers' Compensation Board in 6991 2009. 
J. 
The joint standing committee of the Legislature having 
jurisdiction over legal and veterans' affairs shall use the 
following schedule as a guideline for scheduling reviews: 
(2) 
State Liquor and Lottery Commission in 1999 2007; 
(3) 
The 
division within 
the 
Department 
of 
Public 
Safety designated by the Commissioner of Public Safety 
to 
enforce 
the 
law 
relating 
to 
the 
manufacture, 
importation, storage, transportation and sale of all 
liquor 
and 
to 
administer 
those 
laws 
relating 
to 
licensing and the collection of taxes on malt liquor 
and wine in 1999 2007; and 
(4) 
Department 
of 
Defense, 
Veterans 
and 
Emergency 
Management in 6991 2011. 
K. 
The joint standing committee of the Legislature having 
jurisdiction over marine 
resource matters shall use 
the 
following list as a guideline for scheduling reviews: 
(1) 
Atlantic States Marine Fisheries 
Commission in 
1991 £QQ.5.; 
(2) 
Department of Marine Resources in 1991 2005; 
(4) 
Lobster Advisory Council in 1999 2007; and 
(5) 
Maine Sardine Council in 1999 2007. 
L. 
The joint standing committee of the Legislature having 
jurisdiction over natural resource matters shall use the 
following list as a guideline for scheduling reviews: 
(1) 
Department of Environmental Protection in 1991 
2007; 
(2) 
Board of Environmental Protection in 1991 2007; 
(3) 
Advisory 
Commission 
on 
Radioactive 
Waste 
and 
Decommissioning in 2005; 
(4) 
Saco River Corridor Commission in 2005; and 
(5) 
Board of Underground Oil Tank Installers in 
6QQ~ 
2011. 
M. 
The joint standing committee of the Legislature having 
jurisdiction over state and local government matters shall 
use the following list as a guideline for scheduling reviews: 
(1) 
Capitol Planning Commission in 6QQ~ 2011; 
(I-A) 
Maine Governmental Facilities Authority in 2005; 
(2) 
State Civil Service Appeals Board in 2005; 
(3) 
State Claims Commission in 2005; 
(4) 
Maine Municipal Bond Bank in 2007; 
(5) 
Office of Treasurer of State in 2007; 
(6) 
Department 
of 
Administrative 
and 
Financial 
Services, except for the Bureau of Revenue Services, in 
6QQ~ 2011; 
(7) 
Department of the Secretary of State, except for 
the Bureau of Motor Vehicles, in 6GG~ 2011; and 
(9) 
State Planning Office, except for the Land for 
Maine's Future Board, in 2007. 
N. 
The joint standing committee of the Legislature having 
jurisdiction over taxation matters shall use the following 
schedule as a guideline for scheduling reviews: 
(1 ) 
and 
State Board of Property Tax Review in 6QQ1 2011; 
(2) 
Department 
of 
Administrative 
and 
Financial 
Services, Bureau of Revenue Services in &QQ~ 2011. 
O. 
The joint standing committee of the Legislature having 
jurisdiction 
over 
transportation matters 
shall 
use 
the 
following schedule as a guideline for scheduling reviews: 
(1) 
Maine Turnpike Authority in ~99+ 2005; 
(2) 
The Bureau of Motor Vehicles within the Department 
of the Secretary of State in ~999 2007; 
(3) 
The Department of Transportation in ~999 2007; and 
(4) 
Maine State Pilotage Commission in &GG~ 2009. 
P. 
The joint standing committee of the Legislature having 
jurisdiction over utilities and energy matters shall use the 
following list as a guideline for scheduling reviews: 
(1) 
Public Advocate in ~99+ 2005; 
(2) 
Board of Directors, 
Maine Municipal 
and Rural 
Electrification Cooperative Agency in ~999 2007; 
(3) 
Public Utilities Commission in ~999 2007; and 
(4) 
The Emergency Services Communication Bureau within 
the Department of Public Safety in 6gg~ 2009. 
2. 
Waiver. 
Notwithstanding this list of agencies arranged 
by year, an agency or independent agency may be reviewed at any 
time by the committee pursuant to section 954. 
Sec. 2. 5 MRSA §1541. first" as amended by PL 1991, c. 780, 
Pt. Y, §42, is further amended to read: 
The 
Department of Administrative 
and 
through the 
ihu;:ea~-~-Aee9~Bt;6--and--G9Bt;F91 
Controller, has authority: 
Financial Services, 
Office of the State 
Sec. 3. 5 MRSA §1541, sub-§10-A, 1fF, as enacted by PL 2003, c. 
451, Pt. F, §1, is amended to read: 
F. 
Access to resources 
and records must be 
limited to 
authorized individuals as determined by the state agency or 
department head, except that the powers and duties of the 
State 
Auditor 
may 
not 
be 
limited 
by 
this 
subsection. 
Restrictions 
on 
access 
to 
resources 
depend 
upon 
the 
vulnerability of the resource and the perceived risk of 
loss, both of which must be periodically assessed. The state 
agency or department head is responsible for maintaining 
accountability for the custody and use of resources 
and 
shall 
assign 
qualified 
individuals 
for 
that 
purpose. 
Periodic comparison must be made between the resources and 
the recorded accountability of the resources to reduce the 
risk of unauthorized use or loss and protect against waste 
and wrongful acts. The vulnerability and value of the state 
agency or department resources determine the frequency of 
this comparison. 
Within each state agency or department there must be 
a 
qualified employee whose responsibility, in addition to the 
employee's regularly assigned duties, is to ensure that the 
state agency or department has written documentation of its 
internal accounting and administrative control 
system on 
file. 
The 
employee 
shall, 
annually, 
or 
more 
often 
as 
conditions warrant, evaluate the effectiveness of the state 
agency's 
or 
department's 
internal 
control 
system 
and 
establish and 
implement 
changes 
necessary to ensure 
the 
continued integrity of the system. The employee shall: 
(1) 
Ensure 
that the documentation of 
control systems is readily available for 
the State Controller, 
Commissioner of 
and Financial Services and State Auditor; 
all internal 
examination by 
Administrative 
(2) 
Certify 
to 
the 
State 
Controller 
that 
the 
appropriate updates have been 
the state agency or department; 
made and implemented by 
(3) 
Ensure 
that 
the 
results 
of 
recommendations to improve state agency 
internal controls are promptly evaluated 
agency or department management; 
audits 
and 
or department 
by the state 
(4) 
Ensure 
that 
timely 
and 
appropriate 
corrective 
actions are effected by the state agency or department 
management in response to an audit; aRa 
(5) 
Ensure that all actions determined by the state 
agency or department management as necessary to correct 
or otherwise resolve matters are addressed by the state 
agency or department in its budgetary request to the 
LegislatureTj and 
(6) 
Immediately notify the State Controller when an 
auditor. inspector general or other representative from 
the Federal Government or another nons tate organization 
requests access to state agency resources and records 
related to internal controls. 
All unaccounted for variances, losses, shortages or thefts 
of funds or property must be immediately reported to the 
State Controller, who shall review the matter to determine 
the amount involved that must be reported to the appropriate 
state 
agency 
or 
department 
management, 
law 
enforcement 
officials and the State Auditor. 
The State Controller shall 
also 
determine 
the 
internal 
control 
weakness 
that 
contributed to or caused the condition. The State Controller 
shall then make 
recommendations 
to 
the state agency or 
department official overseeing the internal control system 
and 
other 
appropriate 
management 
officials. 
The 
recommendations of the State Controller must address the 
correction 
of 
the 
conditions 
found 
and 
the 
necessary 
internal 
control 
policies 
and 
procedures 
that 
must 
be 
modified. The state agency or department oversight official 
and the appropriate management officials shall immediately 
implement policies and procedures necessary to prevent a 
recurrence of the problems identified and report the steps 
taken to the State Controller. 
From time to time the State 
Controller 
shall 
examine 
the 
policies 
and 
procedures 
implemented 
to 
ensure 
that 
the 
relevant 
policies 
and 
procedures are functioning appropriately. 
Sec. 4. 
Revision clause. 
Wherever 
in 
the 
Maine 
Revised 
Statutes the words "Bureau of Accounts and Control" appear or 
reference 
is 
made 
to 
that bureau within 
the 
Department 
of 
Administrative and Financial Services, those words are amended to 
read 
or 
mean, 
as 
the 
case 
may 
be, 
"Office 
of 
the 
State 
Controller," and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes. 
SUMMARY 
This bill implements the recommendations of the committee 
regarding the State Government Evaluation Act. 
It amends the 
State Government Evaluation Act by setting new dates for agency 
reviews. 
The bill also requires a designated agency employee to 
notify the State Controller immediately when a nons tate entity 
requests access to agency accounting records. 
It also changes 
the 
name 
of 
the 
Department 
of 
Administration 
and 
Financial 
Services, Bureau of Accounts and Control to Office of the State 
Controller.