Resolve, and Financial Mandates
Maine Legislature, Session 122, LD 1369
Committee Amendment CA_A_H260 (House)

COMMITTEE AMENDMENT "!J,, to H.P. 955, L.D. 
Directing 
the 
Department 
of 
Administrative 
Services, Bureau of the Budget To Review Unfunded 
1369, "Resolve, 
and 
Financial 
Mandates" 
Amend the resolve by striking out the title and substituting 
the following: 
'Resolve, 
Directinq the Executive Department, 
State Planninq 
Office To Review Unfunded Mandates' 
Further amend the resolve by striking out everything after 
the title 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 
directs 
the 
Executive 
Department, 
State Planning Office 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 
Page l-LR0453(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. a 
.. to H.P. 955, L.D. 1369 
Sec. 1. State Planning Office to conduct review. Resolved: 
That 
the Executive Department, State Planning Office shall conduct a 
review of unfunded state mandates that pertain to municipalities 
and 
shall identify those 
unfunded state mandates 
that were 
enacted prior to November 23, 1992, the effective date of the 
Constitution of Maine, Article IX, Section 21, which limits the 
imposition of unfunded state mandates. 
In conducting its review, 
the State Planning Office shall: 
1. 
Prepare a comprehensive listing of the state mandates 
placed on municipalities 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 rule, a combination 
of both or any other originating authority. 
The State Planning 
Office shall also provide notice and analysis of federal mandates 
that contribute to or conflict with specific state mandates on 
municipalities; 
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 for the public policy benefit; 
D. 
Coordination between federal 
law and 
regulation and 
state law and rule; 
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 
Executive Department, State Planning Office, in the conduct of 
its duties, may seek information from all related state agencies, 
statewide or regional associations representing municipalities 
and 
statewide associations 
representing the beneficiaries or 
interests 
that 
may 
be 
affected 
by 
the 
repeal, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. f/ .. to H.P. 955, L.D. 1369 
modification, 
redesign, 
enhanced 
coordination 
implementation of the mandates; and be it further 
or 
delayed 
Sec. 3. Report. Resolved: 
That, 
no later than November 2, 
2005, 
the 
Executive 
Department, 
State 
Planning Office 
shall 
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 State 
Planning Office 
may 
include proposals 
to 
repeal, 
modify, 
redesign, 
effectively 
coordinate 
or 
delay 
the 
implementation 
of 
any 
of 
the 
listed 
mandates, 
as 
may 
be 
appropriate. 
The State Planning Office 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 122nd Legislature. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved.' 
SUMMARY 
This amendment changes the agency responsible for the review 
of unfunded state mandates from the Department of Administrative 
and Financial Services, Bureau of the Budget to the Executive 
Department, State Planning Office. 
In addition, the amendment 
restricts the review to unfunded state mandates that pertain to 
municipalities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/26/05 ;t;yae 
LD 1369 
LR0453(02) 
Resolve, Directing the Department of Administrative and Financial Services, Bureau of the Budget To 
Review Unfunded Mandates 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,,~ " 
Committee: Appropriations and Financial Mfairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with conducting a comprehensive review of unfunded state mandates can be absorbed 
by the State Planning Office within the Executive Department utilizing existing budgeted resources. 
LR0453(2) - Fiscal Note - Page 1 of 1