An Act To Promote Intergovernmental Cooperation, Cost Savings and Efficiencies LR2846(02)
Maine Legislature, Session 121, LD 1930
Committee Amendment CA_A_S510 (Senate)
Amends: 5 MRSA §12004-I, 30-A MRSA §2, 30-A MRSA §71, 30-A MRSA §40, 30-A MRSA §70, 30-A MRSA §1352, 30-A MRSA §2201, 30-A MRSA §2202, 30-A MRSA §7209

COMMITTEE AMENDMENT .. A· to S.P. 767, L.D. 1930, Bill, "An 
Act To Promote Intergovernmental Cooperation, Cost Savings and 
Efficiencies" 
Amend the bill by striking out everything after the title 
and before the concept draft summary and inserting in its place 
the following: 
. Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§75-C is enacted to read: 
~ 
~ 
Government 
Intergovern-
mental 
Advisory 
~ 
3Q-A MRSA 
Legislati ve 
Per Diem 
§..illl 
and Expenses 
for Legis-
lators and 
expenses only 
for certain 
members 
Sec. 2. 30-A MRSA §2, sub-§I-A, as enacted by PL 1991, c. 541, 
§2, is repealed. 
Sec. 3. 30-A MRSA §2, sub-§I-B, as amended by PL 2001, c. 161, 
§1 and affected by §2, is repealed. 
Sec. 4. 30-A MRSA §71, 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 C, §§8 and 10, is repealed. 
COMMITTEE AMENDMENT 
~~. 
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14. 
COMMITTEE AMENDMENT 'A" to S.P. 767, L.D. 1930 
Sec. 5. 30-A MRSA §40l, sub-§3, 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 C, §§8 and 10, is repealed.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. 6. 30-A MRSA §70l, sub-§3, as amended by PL 1989, c. 6 ; 
c. 9, §2; c. 23; and c. 104, Pt. C, 
§§8 and 10, is further 
amended to read: 
3. 
Public hearing. 
The county eeRURissieRel' commissioners 
shall hold a public hearing in the county on these estimates 
before December 31st. 
They shall publish a notice of the hearing 
at least 10 days before the hearing in a newspaper of general 
circulation within the county. 
Written notice and a copy of the 
estimates saa;!,;!, !!!.l.lll be sent by mail or delivered in person to 
the clerk of each municipality in the county aRQ--t.~-eaGh--HleHlael' 
ef-~fi€-~1r-~~~~~~-Qele~a~ieR at least 10 days before the 
hearing. 
The municipal clerk shall notify the municipal officers 
of the receipt of the estimates. 
Sec. 7. 30·A MRSA §70l, sub-§4, as amended by PL 1989, c. 6 ; 
c. 9, §2; c. 23; and c. 104, Pt. C, §§8 and 10, is repealed. 
Sec. 8. 30·A MRSA §702, as repealed and replaced by PL 2003, 
c. 
105, 
§2 
and amended by c. 
178, 
§1, is repealed and the 
following enacted in its place: 
§702. 
Estimates recorded and sent to State Auditor 
The 
county clerk shall record the estimates 
made 
under 
section 701. 
A copy of the estimates must be signed by the chair 
of 
the 
county 
commissioners 
and attested to 
by 
the 
county 
commissioners' 
clerk. 
On 
or 
before the first day of 
each 
January, the clerk shall transmit that copy to the State Auditor, 
who shall retain the copy for 
years. 
These records are a 
public record at the office of the county commissioners in the 
county that submitted those records. 
Sec. 9. 30·A MRSA §132l, 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 by inserting a new 
first paragraph to read: 
A 
charter 
commission 
may 
be 
initiated 
by 
the 
county 
commissioners or by petition by voters according to the methods 
established in subsections 1 and 2. 
Sec. 10. 30·A MRSA §132l, sub-§5, 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. 
COMMITTEE AMENDMENT 
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~~. 
COMMITTEE AMENDMENT ,,~, to S.P. 767, L.D. 1930 
Sec. 11. 30-A MRSA §1352, 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. 
Application. 
IB--~h~e--~~~-~~-~~~--e9aBEY 
eaaFEeFs If a county adopts a charter, the following general laws 
and laws related to that county do not apply if the charter 
provides for that function: 
A. 
Sections 2, 52 and 53; 
B. 
Chapter 1, subchapter II ~, sections 61 to 82; 
C. 
Chapter 1, subchapter III ~, sections 151 to 162; 
D. 
Section 201; aBe 
D-1. 
Chapter 3. subchapter I. sections 701 to 900-E; and 
E. 
Title 33, sections 601 to 608. 
Sec. 12. 30-A MRSA c.114 is enacted to read: 
CHAPTER 114 
INrERGUVKRJMERTAL COOPERATIOR 
§2181. 
Intergoyermnental Adyisor:y Group 
The Intergovernmental Advisory Group, established by Title 
5. 
section 12004-I, 
subsection 75-C 
and referred to in this 
chapter as "the advisory group." shall work on ways to improve 
communication. cooperation and efficiencies within all 3 branches 
of 
government 
and 
provide 
state 
assistance 
to 
encourage 
regionalization and cost-effective service delivery. 
1. 
AdyisoD' group 1IlfflPhership. 
The advisory group consists 
of the following 17 members: 
A. 
One member of the Senate appointed by the President of 
the Senate; 
B. 
One member of the House of Representatives who is not a 
member of the Same political party as the Senator appointed 
under paragraph A. appointed by the Speaker of the House; 
C. 
Three members who must be state agency or department 
heads or their designees. appointed by the Governor. 
The 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A .. to S.P. 767, L.D. 1930 
Governor 
may 
appoint 
the 
fiscal 
administrator 
of 
the 
unorganized territory in lieu of an agency or department 
head; 
D. 
Five members appointed by the Governor who represent 
regional governments. 
of whom must be county officials 
recommended 
by 
a 
statewide 
association 
of 
county 
commissioners and 2 of whom must represent regional planning 
agencies. councils of government or other regional bodies; 
E. 
Five members appointed by the Governor who represent 
local government. 
of whom must be municipal officials 
recommended by a statewide municipal association and 2 of 
whom must represent school administrative units or other 
special-purpose 
districts 
that 
represent 
or 
more 
municipalities; and 
F. 
Two 
members appointed by the Governor who 
represent 
nongovernmental entities with experience in regionalization. 
consolidation 
and 
customer 
service, 
one 
from 
the 
not-for-profit sector and one from the for-profit sector. 
In selecting members of the advisory group. the Governor shall 
make every effort to ensure that different regions of the State 
are represented. 
2. 
Chairs. 
The 2 legislative members of the advisory group 
are the cochairs. 
3. 
Terms of appointment. 
The terms of appointment are as 
follows. 
A. 
Of the initial gubernatorial appointments. 5 must be for 
terms of 3 years. 5 must be for terms of 2 years and 5 must 
be for terms of one year. 
B. 
Subsequent gubernatorial appointments must be for terms 
of 3 years, except that. if a member is unable to complete 
the term, the Governor shall appoint a person to serve out 
the remainder of the unexpired term. 
C. 
The term for an elected official must be for the term of 
office of the person appointed. 
D. 
A member may not serve for more than 6 years. 
A member 
may continue to serve until a replacement is designated. 
4. 
Duties. 
The advisory groyp shall: 
A. 
Study ways to redyce duplication and improve efficiency 
COMMITTEE AMENDMENT 
d-~' 
'P... 
COMMITTEE AMENDMENT A' to S.P. 767, L.D. 1930 
among all 3 branches of State Government as well as wi thin 
each branch: 
B. 
Promote 
communication, 
cooperation 
and 
efficient 
delivery of services, including collecting data on current 
efforts to regionalize service delivery statewide: 
C. 
Design and implement processes by which the State may 
offer 
guidance, 
technical 
support 
and 
incentives 
to 
encourage regionalization and efficiency of service delivery 
by all 3 branches of government: 
D. 
Work with local and regional entities to design and 
implement pilot programs that result in cost savings or 
improved 
services 
through 
regionalization 
or 
other 
efficiency efforts: 
E. 
Identify 
best 
management 
practices 
and 
make 
this 
information available to the public: 
F. 
Prepare legislation for submission to the Legislature to 
implement any recommendations of the advisory groyp on or 
before December 1st annually: and 
G. 
Report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
haying 
jurisdiction 
over 
state 
and 
local 
government matters annually in January on the activities and 
effectiveness of the group and 
recommend changes to the 
group's organizational structure. 
5. 
Meetings. 
The advisory group must meet 4 times a year 
and may not meet more than 8 times a year. 
6. 
Attendance. 
If a member of the advisory group fails to 
notify the chairs aboyt an absence from a meeting more than one 
time, the original appointing authority may appoint a replacement. 
7. 
Staff assistance. 
The advisory group shall establish a 
method for determining the funding for and provision of staff and 
support services. 
8. 
Funding. 
The advisory group is authorized to seek, 
accept and expend funding to carry out the advisory group's 
program activities, sybject to approval by the joint standing 
committee of the Legislature haying jurisdiction over state and 
local government matters. 
All funds accepted must be forwarded 
to the Executive Director of the Legislative CounciL who shall 
administer any funds received by the advisory group. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to S.P. 767, L.D. 1930 
9. 
Compensation. 
Legislative members of the commission are 
entitled to receive the legislative per diem as defined in Title 
3, section 2 and reimbursement for expense3 according to Title 5, 
section 12004-I, subsection 7 5-C. 
Public members not otherwise 
compensated by their employers 
or other, entities that they 
represent are entitled to receive reimbursement of necessary 
expenses incurred for their attendance at authorized meetings of 
the advisory group. 
10. 
Quorum; actions. 
A quorum is a majority of the members 
of the committee. 
An affirmative vote of the majority of the 
members present at a meeting is required for any action. 
Sec. 13. 30-A MRSA §2201, as enacted by PL 1987, c. 737, Pte 
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: 
§2201. Purpose 
It is the purpose of this chapter to permi t 
Iftliaieipa;I,i~ies 
public agencies, as defined in section 2202, including, but not 
limited to, municipalities, counties, school administrative units 
and state agencies, to make the most efficient use of their 
powers by enabling them to cooperate wi~h-e~he~-ffiQRieipa~i~ies on 
a basis of mutual advantage and thereby to provide services and 
facilities in a 
manner and pursuant to forms of governmental 
organization that will accord best with geographic, 
economic, 
population 
and 
other 
factors 
influencing 
the 
needs 
and 
development of ;I,eea;I, communities. 
Sec. 14. 30-A MRSA §2202, sub-§I, 1JA, as amended by PL 1993, 
c. 279, §1, is further amended to read: 
A. 
Any political subdivision of the State, as defined in 
section 2252, or any adjoining state; QL 
Sec. 15. 30-A MRSA §2202, sub-§I, 1\B, 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. 16. 30-A MRSA §7209, sub-§4, as enacted by PL 2003, c. 
297, §6, is amended to read: 
4. 
Limitation. 
If the voters of a municipality reject 
deorganization in aB-asvis9Fy-~e~e~eRsQlft a vote held pursuant to 
this section, the municipality may not submit a deorganization 
plan to the Legislature for a period of 3 years from the date of 
that asvis9FY-FeEeFeasQlft ~. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to S.P. 767, L.D. 1930 
Sec. 
17. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
LEGISLATURE 
Legislature 
The 
following 
Initiative: 
Provides funds for the per diem and expenses of the 
legislative members of the Intergovernmental Advisory Group. 
General Fund 
Per,sonal Services 
All Other 
General Fund Total 
Legislature 
2003-04 
$0 
o 
$0 
2004-05 
$880 
2,350 
$3,230 
Initiative: 
Allocates 
funds 
in 
the 
event 
that 
additional 
dedicated revenue is received to carry out the advisory group's 
program activities. 
Other Special Revenue Funds 
Personal Services 
Other Special Revenue Funds Total 
LEGISLA".nJRE 
DEPARTMENT '1'O'.rALS 
GENERAL FUND 
O'1BER SPECIAL REVENUE FOBDS 
DEPAR7MEHT 'l'O'.lAL -
ALL FUNDS 
SUMMARY 
2003-04 
$0 
$0 
2003-04 
$0 
$0 
2004-05 
$500 
$500 
2004-05 
$3,230 
$3,730' 
This amendment creates the Intergovernmental Advisory Group 
to improve efficiencies and communication within all 3 branches 
of 
government 
and to provide state assistance 
to 
encourage 
regionalization 
and 
cost-effective 
service 
delivery. 
The 
amendment removes the requirement for county residents to vote to 
create a charter commission. 
It removes references to county 
commissioner meeting requirements, salaries for county officials 
and 
legislative delegation 
involvement 
in the 
county budget 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
to s.P. 767, L.D. 1930 
estimate 
process. 
It 
allows 
county 
charters 
to 
include 
provisions for the county budget committee process. 
It clarifies 
that interlocal cooperative agreements may be established among 
public agencies. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Revised: 04/12/04 ~ae 
Office of Fiscal and Program Review 
LD 1930 
An Act To Promote Intergovernmental Cooperation, Cost Savings and 
Efficiencies 
LR2846(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'Ii 
Committee: Joint Select Committee on Regionalization and Community 
Cooperation 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$0 
$0 
$0 
$0 
2004-05 
$3,230 
$3,230 
$500 
$500 
Projections 
2005-06 
$3,230 
$3,230 
$0 
$0 
Projections 
2006-07 
$3,230 
$3,230 
$0 
$0 
Establishing an ongoing Intergovernmental Advisory Group will require a General Fund appropriation to the 
Legislature in the amount of $3,230 annually beginning in fiscal year 2004-05. This appropriation provides funds for 
the per diem and expenses of legislative members of the advisory group. The Department of Audit can absorb the 
costs associated with filing estimates from the county commissioners. This legislation also authorizes the advisory 
group to seek outside sources of funding and may result in the collection of Other Special Revenue funds beginning in 
fiscal year 2004-05. A base allocation of $500 in fiscal year 2004-05 is included to authorize expenditures from 
dedicated revenue in the event funds are received. This fiscal note assumes that staffmg will not be required from the 
Legislature. 
LR2846(2) - Fiscal Note - Page 1 of 1