Resolve, To Establish the Municipal and Educational Mandate Audit Commission Further amend the bill by striking out everything after the ti tIe and before the summary and inserting in its place the following: Emergency preamble. Whereas, Acts and Legislature do not become effective until adjournment unless enacted as emergencies; and resolves of the days after Whereas, this resolve creates the Municipal and Educational Mandate Audit Commission; and Whereas, the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; and Whereas, in the judgment of the Legislature, these facts create an emergency wi thin 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 Page l-LR1535(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0419
Committee Amendment CA_A_H631 (House)
Committee: Natural

COMMITTEE AMENDMENT 
Act To Repeal Outdated 
Mandates" 
"A" to H.P. 
and Unfunded 
327, L.D. 419, Bill, "An 
Municipal and Educational 
Amend the bill by striking out the title and substituting 
the fOllowing: 
'Resolve, 
To Establish the Municipal and Educational Mandate 
Audit Commission' 
Further amend the bill by striking out everything after the 
ti tIe and before the summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, this resolve creates the Municipal and Educational 
Mandate Audit Commission; and 
Whereas, the 
study must 
be initiated before the 
90-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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 
Page l-LR1535(2) 
COMMITTEE AMENDMENT 
@'j 
ca 
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COMMITTEE AMENDMENT "If:: to H.P. 327, L.D. 419 
Sec. 1. Commission established. Resolved: 
That the Municipal 
and Educational Mandate Audit Commission, 
referred to in this 
resolve as "the commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 12 members appointed as follows: 
1. 
Two members of the Senate, appointed by the President of 
the Senate. 
Of these 2 members, 
only one may belong to the 
political party holding the largest number 
of seats in the 
Senate. 
When 
making the appointments, 
the President of the 
SeDate shall give preference to members from the Joint Standing 
Committee on State and Local Government and the Joint Standing 
Committee on Education and Cultural Affairs; 
2. 
Two members of the House of Representatives, appointed 
by the Speaker of the House. 
Of these 2 members, only one may 
belong to the political party holding the largest number of seats 
in the House of Representatives. 
When making the appointments, 
the Speaker of the House shall give preference to members from 
the Joint Standing Committee on Natural Resources and the Joint 
Standing Committee on Criminal Justice and Public Safety; 
3. 
The 
Commissioner 
of 
Administrative 
and 
Financial 
Services or the commissioner's designee; 
4. 
The Commissioner of Education or the commissioner's 
designee; 
5. 
The 
Commissioner of Environmental Protection or the 
commissioner's designee; 
6. 
The Commissioner of Public Safety or the commissioner's 
designee; 
7. 
One member representing municipal government and one 
member representing school administrative units, appointed by the 
President of the Senate; and 
8. 
One member representing county government and one member 
representing a wastewater or water district, appointed by the 
Speaker of the House; and be it further 
Sec. 3. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment 
of 
all 
members, 
the 
chairs 
shall 
COMMITTEE AMENDMENT 
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V;g 
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COMMITTEE AMENDMENT .. f1: to H.P. 327, L.D. 419 
call and convene the first meeting of the commission; and be it 
further 
Sec. 4. Ad hoc committees. Resolved: 
That the commission, in 
the conduct of its duties, may form ad hoc committees or other 
means 
to 
seek 
information 
from 
all related state agencies; 
statewide or regional associations representing municipalities, 
counties, schools and quasi-municipal associations; and statewide 
associations representing the beneficiaries or interests that may 
be 
affected by 
the 
repeal, 
modification, 
redesign, 
enhanced 
coordination or delayed implementation of the mandates under the 
commission's purview; and be it further 
Sec. 5. Reimbursement. Resolved: 
That legislative members of 
the commission are entitled to receive the legislative per diem, 
as defined in the Maine Revised Statutes, Title 3, section 2, and 
reimbursement for travel and other necessary expenses related to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their employers or 
other entities that they 
represent are entitled to 
receive 
reimbursement of necessary expenses and, upon a demonstration of 
financial hardship, a per diem equal to the legislative per diem 
for their attendance at authorized meetings of the commission; 
and be it further 
Sec. 6. 
Quorum; actions. Resolved: 
That 
a 
quorum 
is 
a 
majority of the members of the commission. 
An affirmative vote 
of the majority of the members present at a meeting is required 
for any action. 
Action may not be considered unless a quorum is 
present; and be it further 
Sec. 7. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the commission and the first-named House 
of Representatives member is the House chair of the commission; 
and be it further 
Sec. 8. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 9. Duties. Resolved: 
That the commission shall: 
1. 
Prepare a comprehensive listing of the state and federal 
mandates placed on municipalities, school administrative units, 
counties and quasi-municipal entities that are considered by the 
affected units of government to be deserving of analysis and 
review; 
COMMITTEE AMENDMENT 
v.5 
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C?: 
COMMITTEE AMENDMENT ,,~ to H.P. 327, L.D. 419 
2. 
Identify for each listed mandate 
the precise legal 
origin of the mandate, whether federal or state law or regulation 
or a combination of both, or any originating authority; 
3. 
Identify the statewide local government costs of each 
listed mandate within the limits of practicability; and 
4. 
Identify the characteristics of each listed mandate that 
cause the affected units of government to believe the mandate is 
deserving of review. 
Identified characteristics may include, but 
are not limited to, the fOllowing: 
A. 
Archaic or unnecessary features or 
features 
lacking 
significant public purpose; 
B. 
Inadequate funding; 
C. 
Disproportionate efforts to the public policy benefit; 
D. 
Coordination purely between federal and state law and 
regulation; 
E. 
Subjection to excessive administrative oversight; and 
F. 
An insufficient structure to predict, measure or control 
local costs; and be it further 
Sec. 10. Report. Resolved: 
That, no later than November 3, 
2004, 
the commission shall submit a report that includes its 
findings 
and recommendations, 
including suggested legislation, 
for 
presentation 
to 
the 
joint 
standing 
committees 
of 
the 
Legislature 
having 
jurisdiction 
over 
education 
and 
cultural 
affairs 
and 
state 
and 
local 
government 
matters 
and 
the 
Legislative Council. 
In its proposed implementing legislation, 
the commission may include proposals to repeal, modify, redesign, 
effectively coordinate or delay the implementation of any of the 
listed mandates, as may be appropriate, and may recommend changes 
to federal law or regulation to be considered as a resolution to 
Congress or a communication to Maine's congressional delegation. 
The 
commission 
is 
not 
authorized 
to 
introduce 
legislation. 
Following receipt and review of the report, the joint standing 
committees of the Legislature having jurisdiction over education 
and cultural affairs and state and local government matters may 
jointly report out a bill to the First Regular Session of the 
122nd Legislature; and be it further 
Sec. 11. Extension. Resolved: 
That, if the commission requires 
a 
limited 
extension 
of 
time 
to 
complete 
its 
study 
and 
COMMITTEE AMENDMENT 
r.;;", -.. 
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.~:: 
COMMITTEE AMENDMENT .. j{.. to H.P. 327, L.D. 419 
make its report, it may apply to the Legislative Council, which 
may grant an extension; and be it further 
Sec. 12. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from the commission staff, 
shall 
administer the commission' s 
budget. 
Within 10 days after its 
first meeting, 
the commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission may 
not incur expenses that would result in the 
commission's exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved .• 
SUMMARY 
This resolve replaces the concept draft and is the minority 
report. 
It creates the Municipal and Educational Mandate Audit 
Commission. 
The 12-member commission consists of members of the 
Legislature, 
representatives 
from 
the 
Department 
of 
Administrative 
and 
Financial 
Services, 
the 
Department 
of 
Education, 
the Department of Environmental Protection and the 
Department of Public Safety and representatives of municipal and 
county 
government, 
school 
administrative 
units 
and 
quasi-municipal special purpose districts. 
The 
commission is 
charged with identifying the state and federal mandates placed on 
local 
and 
regional 
governmental 
entities 
and 
recommending 
legislation for reducing the burden of those mandates. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Study 
Approved: 11119/03 ~ae 
Office of Fiscal and Program Review 
LD419 
Resolve, To Establish the Commission to Study Unfunded and Outdated 
Municipal and Educational Mandates 
LR 1535(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Current Costs - Legislative Study 
The projected cost to fund the general operating expenses of this study is $2,480 in fiscal year 2004-05. The 
Legislature has budgeted $20,000 in fiscal year 2004-05 for legislative studies. Whether the amount is sufficient to 
fund all studies will depend on the number of studies authorized by the Legislative Council and the Legislature. 
Additional costs to the Department of Administrative and Financial Services, the Department of Education, the 
Department of Environmental Protection and the Department of Public Safety to serve on the Commission can be 
absorbed utilizing existing budgeted resources. 
LRI535(2) - Fiscal Note - Page 1 of 1