An Act To Clarify Financial Management Procedures at the Maine Developmental Disabilities Council LR2444(02)
Maine Legislature, Session 121, LD 1709
Committee Amendment CA_A_S401 (Senate)
Amends: 34-B MRSA §17001

COMMITTEE AMENDMENT "A to S. P . 
Act 
To 
Clarify Financial Management 
Developmental Disabilities Council" 
641, L.D. 1709, Bill, "An 
Procedures at the Maine 
Amend the bill by striking out everything after the enacting 
clause and before the emergency clause and inserting in its place 
the following: 
. Sec. 1. 34-B MRSA §17001, sub-§§2 and 3, as enacted by PL 
2003, c. 417, §3 and affected by §4, are amended to read: 
2. 
Council as public instrumentality. 
The council is a 
public body corporate and politic and public instrumentality of 
the State, 
and the exercise of the power conferred by this 
section is held to be the performance of essential governmental 
functions. 
The council may exercise the powers and authorities 
conferred by and necessary to carry out the purposes of this 
section. 
The council may not be considered a state agency for 
any purposes, including, but not limited to, budgeting, accounts 
and control, auditing and purchasing. 
3. 
Appointments; 
officers. 
The 
Governor 
shall 
appoint 
appropriate representatives to the council, as required under the 
Developmental Disabilities Assistance and Bill of Rights Act of 
2000, 
upon 
consideration of 
recommendations 
made 
by 
current 
members 
of 
the 
council. 
The 
council 
shall select its 
own 
officers, including an executive director, chair, vice-chair and 
treasurer. 
Sec. 2. 34-B MRSA §17001, sub-§§7 and 8 are enacted to read: 
7. 
Borrowing authority. 
The council may borrow according 
to this subsection. 
Page l-LR2444(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A' to S.P. 641, L.D. 1709 
A. 
The council may borrow funds in anticipation of receipt 
of its operating revenues and may issue notes and other 
evidences of temporary indebtedness only when borrowing is 
(1) Current operating expenses; 
(2) A term not to exceed 13 months; and 
(3) An amount not to exceed 25~ of the annual budget of 
the council for the council's preceding fiscal year. 
Indebtedness authorized under this subsection is incurred 
for 
a public purpose, 
and all income derived from that 
indebtedness is exempt from taxation by the State. 
B. 
Notes 
and other evidences of 
temporary indebtedness 
issued by the council are legal obligations of the council 
payable solely from the council'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 pledge of the credit of the State 
or of any municipality or political subdivision of the State 
and are not includable in any debt limitation of the State 
or of any municipality or political subdivision of the State. 
C. 
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 by a majority vote of 
the 
council 
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 the council's revenues, the proceeds of 
those revenues and the council's 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. 
D. 
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 
Py 
the 
Legislature 
in 
accordance 
with 
applicaple law and may not inure to the penefit of any 
private person. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. JOt to S.P. 641, L.D. 1709 
8. Liability of members. 
Members of the council may not be 
held personally liable for the official acts of the council.' 
SUMMARY 
This amendment replaces the bill. The amendment retains the 
provisions of the bill that clarify that the Maine Developmental 
Disabilities Council is established as 
a 
body corporate and 
politic and direct the council to select officers including an 
executive 
director, 
chair, 
vice-chair 
and 
treasurer. 
The 
amendment authorizes the council to borrow funds in anticipation 
of receipt of operating revenue and clarifies that such borrowing 
is authorized only under the following conditions: the borrowing 
must be for current operating expenses; it must be for a term not 
to exceed 13 months; and it must be for an amount not to exceed 
25% of the council's annual budget in the preceding fiscal year. 
The amendment retains the provisions of the bill that specify 
that any debt of the council is the legal obligation solely of 
the council and is not a liability, debt or pledge of the credit 
of the State or of any municipality or subdivision of the State 
and that clarify that members of the council may not be held 
personally liable for acts of the council. 
FISCAL \OTE REQURED. 
(See attac~~dt 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02112/04 ;t;p'ae. 
Office of Fiscal and Program Review 
LD 1709 
An Act To Clarify Financial Management Procedures at the Maine 
Developmental Disabilities Council 
LR2444(02) 
Fiscal Note for Bill as Amended by Committee Amendment 1l.' 
Committee: Health and Human Services 
r\ 
Fiscal Note Required: Yes 
Fiscal Note 
Borrowing authority granted. 
This bill establishes borrowing authority for the Maine Developmental Disabilities Council. Proceeds will be used to 
pay operating expenses in anticipation of receipt of federal funds when such funds are not received in a timely fashion. 
The Council will incur interest costs for any borrowings. 
LR2444(2) - Fiscal Note - Page 1 of 1