An Act To Amend the Laws Regarding County Government
Maine Legislature, Session 121, LD 1328
Committee: State and Local Government
Sponsors: DAMON
Amends: 30-A MRSA §2, 30-A MRSA §739-B, 30-A MRSA §741-A, 30-A MRSA §753, 30-A MRSA §761, 30-A MRSA §764, 30-A MRSA §791, 30-A MRSA §821, 30-A MRSA §825, 30-A MRSA §851, 30-A MRSA §891, 30-A MRSA §900-G, 30-A MRSA §932, 30-A MRSA §1353, 38 MRSA §1318-A

Legislative Document 
No. 1328 
S.P.430 
In Senate, March 11, 2003 
An Act To Amend the Laws Regarding County Government 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Printed on recycled papt."T 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 30-A MRSA §I, sub-§4 is enacted to read: 
4. 
County official. 
"County official" means any elected or 
appointed member of a county government. 
Sec. 2. 30-A MRSA §2, sub-§I-B, as amended by PL 2001, c. 161, 
§1 and affected by §2, is further amended to read: 
I-B. 
County 
officers' 
salaries. 
~e~wi~as~aBaiB~--e~ae~ 
see~ieBs-~~-~~~-~~~~--eeaR~ies--~aa~-~r~-~--£e~y4£ea--~e 
eB~aiR--~~1at-~-app~eya~-~--~aei~-~~-aRae~-~-~-1Q6 
a~e-~-~~~~-~e-~~~-~~~~-app~eya~-~-~~-sa~a~ies 
ef-€eYR~y-~~~~~~-~~&-see~ieRT The county commissioners, 
treasurers, sheriffs, judges of probate, registers of probate and 
registers 
of 
deeds 
in 
those 
counties 
whose 
budgets 
~e~ai~e 
required 
legislative 
approval 
under 
former 
section 
are 
entitled to 
receive 
in weekly, 
biweekly or monthly payments 
annual salaries from the county treasury as follows: 
1998 
A. 
Androscoggin County: 
(1) 
Commissioners 
( a) 
Chair 
$6,536 
(b) 
Members 
5,595 
(2 ) 
Treasurer 
21,007 
( 3 ) 
Sheriff 
33,455 
(4) 
Judge of Probate 
12,689 
(5) 
Register of Probate 
10,712 
(6) 
Register of Deeds 
27,495 
2001 
B. 
Kennebec County: 
(1) 
Commissioners 
( a) 
Chair 
$8,531 
Page l-LR0914(1) 
(b) 
Members 
7,967 
(2 ) 
Treasurer 
10,221 
(3 ) 
Sheriff 
44,753 
(4) 
Judge of Probate 
22,856 
( 5) 
Register of Probate 
28,442 
(6 ) 
Register of Deeds 
30,222 
Sec. 3. 30·A MRSA §7, as enacted by PL 1987, c. 737, Pt. A, 
§2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 
104, Pt. C, §§8 and 10, is further amended to read: 
§7. Violation and penalty 
Any agent or officer who willfully violates section 1G1 T 
921, 922, 923, 924 or 951 is guilty of a Class E crime. 
Sec. 4. 30·A MRSA §701, as amended by PL 1989, c. 23 and c. 
104, Pt. C, §§8 and 10, is repealed. 
Sec. 5. 30·A MRSA §§702 and 704, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 
9, §2; and c. 104, Pt. C, §§8 and 10, are repealed. 
Sec. 6. 30·A MRSA §721, as amended by PL 1999, c. 253, §1, is 
further amended to read: 
§72l. Purpose 
The purpose of this article is to establish in Androscoggin 
County a method of appropriating money for county expenditures, 
including the salaries for county officers, according to a budget 
that must first be adopted by a budget committee and must then be 
submitted to the county commissioners. 
This article amends the 
statutory method in 6ee~ieB6 section 2 T -+Gl-aB9-+Ga by creating a 
committee elected by Androscoggin County municipal officers with 
authority to adopt or amend the budget subject to review and 
revision by the county commissioners and, if revised, subject to 
subsequent acceptance or rejection by the budget committee as 
provided 
in 
this 
article. 
This 
article 
applies 
only 
to 
Androscoggin County. 
Sec. 7. 30·A MRSA §725, sub·§l, as amended by PL 1993, c. 573, 
§l, is further amended to read: 
1. 
Proposed budqet. 
The county commissioners shall submit 
itemized budget estimatesT-~£-~-~-~a-se€£ieR£-~~-~-+GaT 
and a capital improvement program to the budget committee in a 
timely fashion at least 60 days before the end of the county's 
fiscal year. 
Sec. 8. 30-A MRSA §739-B, sub-§I, as enacted by PL 1989, c. 
475, §§l and 2, is amended to read: 
1. 
Proposed budqet. 
The county commissioners shall submit 
itemized finance estimates, as described in see~ieB&-+G1T-1G6-aBa 
section 7503, in the form of a budgetT to the finance committee 
in a timely fashionT no later than 60 days before the end of the 
county's fiscal year. 
Sec. 9. 30-A MRSA §741-A, first~, as enacted by PL 1995, c. 
380, §4 and affected by §10, is amended to read: 
NetwithstaBe~~--£e€~ieBS--~~--~--~~~r--tae The 
county 
commissioners working in conjunction with the Cumberland County 
Budget Advisory Committee, established in this section, and the 
county manager, 
established in section 82, 
subsection 5, 
are 
responsible for establishing the county budget as provided in 
this article. 
The county commissioners shall appropriate money 
for county expenditures according to the budget established in 
accordance with this article. 
Sec. 10. 30-A MRSA §753, sub-§I, as amended by PL 1993, c. 
345, §2, is further amended to read: 
1. 
Proposed budqet. 
The county commissioners shall submit 
an itemized estimated budget, as described in see£ieR£--7-O-l-r -+Ga 
aBa 
section 
7503, 
in the 
form 
of 
a 
budgetT 
to 
the 
budget 
committee in a timely fashion no later than 60 days before the 
end of the county's fiscal year. 
The county commissioners must 
identify in the itemized estimated budget all revenue sources, 
including balances in reserve accounts and other such funds, used 
in arriving at their budget estimates. 
Sec. 11. 30-A MRSA §761, as enacted by PL 1991, c. 749, §l, 
is amended to read: 
§761. Budqet; appropriations; approval 
Notwithstanding seetieBs section 2, 
1Ql-~-1~6T in Hancock 
County the county commissioners may appropriate moneYT according 
to a budget, which must be approved by a majority of the county 
commissioners. 
Sec. 12. 30-A MRSA §764, as amended by PL 1999, c. 83, § 1, is 
further amended to read: 
§764. Public hearing 
The Hancock County commissioners shall hold a public hearing 
on the budget estimate before October 1st and an informational 
meeting 
on 
the 
advisory 
committee's 
budget 
estimates before 
December 1st. 
P~Fs~aR~--~-~~-~~~~~-~--£e€~ieR--7g1T 
s~asee~ieR-J7-~~~~~~~~aG-a-€epy-~-~~~imat~~a&&-ae 
seR~-ay-~~-~-~~~~-~&-peFSeR-~e-~~~-~~-&he-ee~R~Y 
le§i6la~ive-e~~~~~~-~-~&&-lg-e~y£-~~~-~-iRfeFffia~ieRal 
ffiee~iR§-eR-~he-aRR~al-a~a§e~T 
Sec. 13. 30-A MRSA §791, as enacted by PL 1989, c. 718, is 
amended to read: 
§791. Budget; appropriations; approval 
Notwithstanding 6ee~ieR6 section 2, 
7gl-~-1gaT in Lincoln 
County the county commissioners may appropriate moneYT according 
to a budget, which must be approved by a majority of the county 
commissioners. 
Sec. 14. 30-A MRSA §821, as amended by PL 1995, c. 520, §1, 
is further amended to read: 
§S21. Purpose 
The purpose of this article is to establish in Piscataquis 
County a method of appropriating money for county expenditures, 
including expenditures for municipal services in the unorganized 
terr i tory, according to a budget, which must be reviewed by a 
budget committee. 
This article 
affieRa6-~~-6~a~~~eFy--fOO-t-hQ.d--iR 
6ee~ieR6--7gl--aRa--7g6--ay--eFea~iR§ creates 
a 
committee 
with 
authority to review the budget and make recommendations to the 
county 
commissioners. 
The 
county 
commissioners 
have 
the 
authority to approve the budget. 
This article applies only to 
Piscataquis County. 
Sec. 15. 30-A MRSA §825, sub-§I, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. c, §106 and amended by PL 1989, c. 6; c. 
9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read: 
1. 
Proposed budget. 
The county commissioners shall submit 
itemized budget estimates, as described in 6ee~ieR£-~~~--~~-aRa 
section 7503, to the budget committee in a timely fashionT no 
later than 90 days before the end of the county's fiscal year. 
Sec. 16. 30-A MRSA §851, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and 
c. 104, Pt. C, §§8 and 10, is further amended to read: 
§05l. Purpose 
The purpose of this article is to establish in Waldo County 
a 
method 
of 
appropriating 
money 
~or 
county 
expendi tures, 
according to a budget, which must first receive approval of a 
budget committee. 
This article amends the statutory method in 
see~ieas section 2T-~~-~-~9a by transferring the authority of 
the Waldo County legislative delegation and the Legislature to 
approve the Waldo County budget to a committee comprised of Waldo 
County and municipal officials. 
This article applies only to 
Waldo County. 
Sec. 17. 30·A MRSA §855, sub·§l, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. c, §106 and amended by PL 1989, c. 6; c. 
9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read: 
1. 
Proposed budget. 
The county commissioners shall submit 
an itemized budget 
estimateT--as--Ele6eJi'iBeEl--i-n--see~ieas--7..{).;b....-aaEl 
1Qa T 
to the budget committee in a timely fashionT no later than 
days before the end of the county's fiscal year. 
Sec. 18. 30·A MRSA §864, sub·§l, as amended by PL 2001, c. 
170, §4, is further amended to read: 
1. 
Conwnissioners' budget. 
The county commissioners shall 
submit an itemized budget estimate, as described in see~ieas-1Q1T 
1Qa--aaEl section 7503, 
to 
the 
budget 
committee 
in 
a 
timely 
fashionT no later than 60 days before the end of the county's 
fiscal year. 
Sec. 19. 30·A MRSA §871, as enacted by PL 1991, c. 495, is 
amended to read: 
§81l. Budget; appropriations; approval 
Notwithstanding see~ieas section 2, 191-aaEl-1Q6T in Franklin 
County the county commissioners may appropriate moneYT according 
to a budgetL which must be approved by a majority of the county 
commissioners. 
Sec. 20. 30·A MRSA §881, as enacted by PL 1991, c. 513, is 
amended to read: 
§OOI. Budget; appropriations; approval 
Notwithstanding 
Sagadahoc County the 
according to a budget 
county commissioners. 
see~ieas 
section 
2, 
1Ql---and---196T 
in 
county commissioners may appropriate money 
that must be approved by a majority of the 
Sec. 21. 30-A MRSA §891, as renumbered by RR 1991, c. 1, §39, 
is amended to read: 
§891. Budget; appropriations and approval 
Notwi thstanding seetisBs section 2, 7Q;!'--and--7Q6r in Oxford 
County the county commissioners may appropriate moneYr according 
to a budget that must be prepared by the Oxford County Budget 
Advisory Committee. 
A unanimous vote of the county commissioners 
is required to change the budget as presented by the Oxford 
County Budget Advisory Committee. 
Sec. 22. 30-A MRSA §900-G, as enacted by PL 1995, c. 682, 
§1, is amended to read: 
§900-G. Budget; appropriations and approval 
Notwi thstanding 
seetisBs 
section 
2, 
7Q;!'---and---7Q6r 
in 
Penobscot County the county commissioners may appropriate moneYr 
according to a budget that must be prepared and finalized in 
accordance with this article. 
Sec. 23. 30-A MRSA §932, sub-§I, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 
9, §2; and c. 104, Pt. C, §§8 and 10, is repealed. 
Sec. 24. 30-A MRSA §1353, first~, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 
9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read: 
A county adopting a charter under this chapter may provide 
for a method of appropriating money for county expenditures other 
than 
the 
method 
in seetisBs 
section 
2r --7Q;!,--aB9--7Q6. 
Any 
alternative method provided must give the county legislative body 
the authority to appropriate moneYr 
according to the budget, 
which must first be approved by majority vote of the finance 
committee. 
If the budget is not approved before the start of a 
fiscal year, the county shall, until a budget is finally adopted, 
operate on an interim budget-L which may not exceed 80% of the 
previous year's budget. 
Sec. 25. 38 MRSA §1318-A, as amended by PL 1991, c. 817, § 33, 
is further amended to read: 
§1318-A. Recovery by the State, municipalities and counties 
for expenditures for removal of discharges 
1. 
Responsible party. The responsible party or the person 
causing the discharge is liable for all acts and omissions of its 
servants and agents ws.ies. that are committed within the course 
and scope of their employment. 
2. 
State, 
municipalities 
and 'counties 
to 
recover 
for 
expenditures for removal. 
Any person who permits, causes or is 
responsible for a prohibited discharge shall reimburse the State 
aBElL 
municipalities 
and 
counties 
for 
all 
costs 
incurred, 
including personnel costs, in removing the discharge, including 
costs for ensuring public safety. 
Funds recovered under this 
section must be deposited to the account from which they were 
expended. Requests from the State for reimbursement, if not paid 
wi thin 30 days of demand, 
may be turned over to the Attorney 
General for collection or may be submitted to a collection agency 
or agent or an attorney retained by the department with the 
approval of the Attorney General pursuant to Title 5, section 
191, or, for municipal or county cost, to the District Attorney 
for collection. 
In 
any 
suit 
to 
enforce 
claims 
of 
the 
State 
9FL 
a 
municipality or county under this section, it is not necessary 
for the State 9F--aL municipality or county to plead or prove 
negligence in any form or manner 
on the part of the person 
causing, permitting or responsible for the discharge. The State 
9FL 
municipality or county need only plead and prove the fact of 
the prohibited discharge and that the discharge occurred while 
the hazardous matter was in the custody or control of the person 
causing, permitting or responsible for the discharge. 
SUMMARY 
This bill defines the term "county official" for the Maine 
Revised 
Statutes, 
Title 
30-A, 
Part 
1. 
It 
repeals 
certain 
provisions of law relating to the county budget process and the 
provision of law that gives county commissioners the power to 
borrow in anticipation of taxes. 
It corrects cross-references to 
these repealed provisions of law. 
It also permits a county to 
recover for expenditures for the removal of certain discharges 
from the person responsible for those discharges.