An Act To Clarify Financial Management Procedures at the Maine Developmental Disabilities Council
Maine Legislature, Session 121, LD 1709
Committee: Health and Human Services
Sponsors: BROMLEY
Amends: 34-B MRSA §17001

Legislative Document 
No. 1709 
S.P.641 
In Senate, December 17, 2003 
An Act To Clarify Financial Management Procedures at the Maine 
Developmental Disabilities Council 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16,2003. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
, 
Joint Rule 401. 
Presented by Senator BROMLEY of Cumberland. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, unless this legislation is enacted as an emergency 
measure, 
the Maine 
Developmental Disabilities Council 
may 
be 
unable to meet its operating budget and may be unable to perform 
its duties; 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. 34-B MRSA §17001, sub-§§7 to 9 are enacted to read: 
7. 
Officers. 
The council shall select its own officers, 
which 
must 
be, 
at 
a 
minimum, 
a 
chair, 
executive director, 
treasurer and vice-chair. 
8. 
Borrowing authority. 
The council may borrow according 
to this subsection. 
A. 
The council may borrow funds in anticipation of receipt 
of its operating revenues and may issue notes and other 
evidences of temporary indebtedness for current operating 
expenses for a term not to exceed 13 months only if that 
borrowing does not exceed 25'1-0 of the annual budget of the 
council 
for 
the 
preceding 
fiscal 
year. 
Indebtedness 
authorized under this chapter is 
incurred for 
a 
public 
purpose, and all income derived from that indebtedness is 
exempt 
from 
taxation 
by 
the 
State. 
Notes 
and 
other 
evidences of temporary indebtedness issued by the council 
are legal obligations of the council payable solely from the 
counci1's revenues and other sources of funds. 
Notes and 
other evidences of 
temporary indebtedness 
issued by 
the 
council under this subsection are not a liability, debt or a 
pledge of the credit of the State, or of any municipality or 
political subdivision of the State, but are payable solely 
from the revenues of the council. 
Funds borrowed by the 
council are not includable in any debt limitation of the 
State or any municipality or political subdivision of the 
State. 
B. 
The council may fix the date, maturities, denominations, 
interest rates, places of payment, form and other details of 
notes and other evidences of temporary indebtedness of the 
) 
) 
council. 
Unless otherwise provided in the vote authorizing 
their 
issuance, 
notes 
or 
other 
evidences 
of 
temporary 
indebtedness of the council must be signed by the executive 
director, 
treasurer 
and 
chair 
of 
the 
council 
and 
countersigned by the vice chair. 
The council may pledge or 
assign its revenues, the proceeds of those revenues and its 
other property as security for notes and other evidences of 
temporary indebtedness 
of the council. 
The 
proceeds of 
notes or other evidences of temporary indebtedness may be 
invested in accordance with Title 30-A, sections 5706 and 
5712. 
c. 
The net earnings of the council may not inure to the 
benefit of any private person. 
If the council is dissolved, 
the distribution of all property owned by the council must 
be 
determined 
by 
the 
Legislature 
in 
accordance 
with 
applicable law and may not inure to the benefit of any 
private person. 
9. 
Body corporate and politic; liability of members. 
The 
council is established as a body corporate and politic and may 
exercise all the powers and authorities necessary to carry out 
the purposes of this chapter and the powers 
and authorities 
granted in this chapter. 
Members of the council may not be held 
personally liable for the official acts of the council. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill authorizes the Maine Developmental Disabilities 
Council to select its chair, executive director, ·treasurer and 
vice-chair. 
The 
bill 
clarifies 
the 
financial 
management 
procedures of the council by authorizing the council to borrow 
funds in anticipation of revenues if the borrowed funds are used 
to 
pay 
current operating expenses 
and if the 
term 
of 
the 
borrowing does not exceed 13 months. 
This borrowing is intended 
to permit the council to meet its operating expenses in the event 
federal appropriations are not received in a timely fashion. 
The 
bill also establishes the council as a body corporate and politic 
and clarifies that members are not personally liable for acts of 
the council.