Resolve, Directing the Department of Administrative and Financial Services, Bureau of the Budget To Review Unfunded Mandates
Maine Legislature, Session 122, LD 1369
Committee: Appropriations and Financial Affairs
Sponsors: RINES, MILLETT, HOBBINS, ANDREWS, BLANCHETTE, BLISS, DUPREY, FLETCHER, MARLEY, COWGER, DOW

Legislative Document 
No. 1369 
H.P.955 
House of Representatives, March 17, 2005 
Resolve, Directing the Department of Administrative and Financial 
Services, Bureau of the Budget To Review Unfunded Mandates 
(EMERGENCY) 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
Presented by Representative RINES of Wiscasset. 
!r/~m.17l~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative MILLETT of Waterford, Senator HOBBINS of York, Senator 
ANDREWS of York and Representatives: BLANCHETTE of Bangor, BLISS of South 
Portland, DUPREY of Hampden, FLETCHER of Winslow, MARLEY of Portland, 
McCORMICK of West Gardiner, Senators: COWGER of Kennebec, DOW of Lincoln. 
Printed on recycled paper 
Emergency preamble. 
Whereas, acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
until 
and 
resolves 
of 
the 
days 
after 
Whereas, 
Administrative 
this 
resolve 
directs 
and Financial Services, 
the 
Department 
of 
Bureau of the Budget to 
review certain unfunded mandates; and 
Whereas, the review must be initiated before the 90-day 
period expires in order that the review 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 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 
Sec. 1. 
Department to conduct review. 
Resolved: 
That 
the 
Department of Administrative and Financial Services, Bureau of 
the Budget, referred to in this resolve as "the bureau," shall 
conduct 
a 
review 
of 
unfunded 
state 
mandates 
pertaining 
to 
municipalities and school systems that were enacted prior to 
November 23, 
1992, the effective date of the Constitution of 
Maine, 
Article 9, 
Section 21, 
which limits the imposition of 
unfunded state mandates. 
In conducting its review, the bureau 
shall: 
1. 
Prepare a comprehensive listing of the state 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; 
2. 
Identify for 
each listed mandate 
the precise legal 
origin of the mandate, 
whether 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; 
Page l-LR0453(1) 
C. 
Disproportionate efforts for the public policy benefit; 
D. 
Coordination solely 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. 2. Participation of other entities. Resolved: 
That the bureau, 
in the conduct of its duties, 
may 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 
bureau's 
purview; and be it further 
Sec. 3. Report. Resolved: 
That, 
no later than November 2, 
2005, the bureau shali submit a report that includes its findings 
and 
recommendations, 
including 
suggested 
legislation, 
for 
presentation to the Joint Standing Committee on State and Local 
Government 
and 
the 
Legislative 
Council. 
In 
its 
proposed 
implementing legislation, 
the bureau may include proposals to 
repeal, 
modify, 
redesign, effectively coordinate or delay the 
implementation 
of 
any 
of 
the 
listed 
mandates, 
as 
may 
be 
appropriate. 
The 
bureau 
is 
not 
authorized 
to 
introduce 
legislation. 
Following receipt and review of the report, the 
Joint Standing Committee 
on State and 
Local 
Government 
may 
report out a bill to the Second Regular Session of the l22nd 
Legislature. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve directs the Department of Administrative and 
Financial Services, Bureau of the Budget to identify the unfunded 
state mandates placed on local and regional governmental entities 
that were enacted prior to November 23, 1992, the effective date 
of the Constitution of Maine, Article 9, Section 21, which limits 
the 
imposition of 
unfunded state mandates 
and 
to 
recommend 
legislation for reducing the burden of those mandates.