An Act To Update Certain Provisions Pertaining to County Government
Maine Legislature, Session 122, LD 0240
Committee: State and Local Government
Sponsors: PLUMMER, SCHNEIDER, BARSTOW, CROSBY, CURLEY, MILLETT, TRAHAN, DAMON, SNOWE-MELLO
Amends: 30-A MRSA §932

Legislative Document 
No. 240 
H.P.179 
House of Representatives, January 18,2005 
An Act To Update Certain Provisions Pertaining to County 
Government 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative PLUMMER of Windham. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
/JJ~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, CROSBY of Topsham, CURLEY of Scarborough, 
McKANE of Newcastle, MILLETT of Waterford, TRAHAN of Waldoboro, Senators: 
DAMON of Hancock, SNOWE-MELLO of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30·A MRSA §l, sub·§4 is enacted to read: 
4. 
County official. 
"County official" means an elected or 
appointed member of a county government. 
Sec. 2. 30·A MRSA §201, as amended by PL 1989, c. 104, Pt. A, 
§5; and Pt. C, §§8 and 10, is further amended to read: 
§201. Clerical help 
In all county offices, there saal-l--ee is allowed for clerk 
hire the 
amount 
authorized by 
the county commissioners. 
The 
county commissioners shall determine the salary of all clerks 
after receiving a recommendation from the county official under 
whom the clerk is employed. 
The county treasurer saa±± may pay 
weekly or biweekly, at the discretion of the commissioners ( 
to 
the clerks employed by the county the wages to which they are 
entitled. 
The county commissioners shall certify the names of 
the clerks to the county treasurer. 
The county commissioners may 
provide for 
a 
county pay scale, vacations and sick leave 
for 
clerical help. 
Sec. 3. 30·A MRSA §704. sub·§2. as enacted by PL 1987, c. 737, 
Pt. A, §2 and Pt. C, §106 and amended by PL 1989, 
r 
6; c. 9, 
~2; 
and c. 104, Pt. C, §§8 and 10, is further amended to read: 
Z. 
Procedure if federal funds could not be anticipated. 
If 
federal funds become available to the county fOl expenditure by 
the county wai±e--t..b€--beg-:i,..s..J:..a..t-u-r-e--is--n&t--i-n--sessieB, and if the 
availability 
of 
those 
funds 
could 
not 
reasonably 
have 
been 
anticipated 
and 
included 
In 
the 
estimate 
adopted 
ey--t.ae 
be~is±aE~~e for 
the fiscal 
year 
In question, 
the 
county 
may 
accept and spend these funds in compliance with federal and state 
law. 
Upon application for those funds and upon receipt of those 
funds, 
the 
eaai~maB chair 
of 
the 
county 
commissioners 
shall 
submit to the clerk of each municipality in the county aBG-t.e 
eaea-memee~-e~-Eae-ee~BEy-±e~is±aEiye-ee±e~aEieB a statement: 
A. 
Describing the proposed federal expenditure in the same 
manner as it would be described in the estimate; and 
B. 
Containing a 
statement as to why the availability of 
these federal funds and the necessity of their expenditure 
could not have been anticipated in time for that expenditure 
to be adopted as part of the estimates for that particular 
fiscal year. 
Sec. 4. 30-A MRSA §932. sub-§1. 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: 
I. 
Taxes. 
The county commissioners of all counties may 
borrow in anticipation of taxes. 
I f the county budget has not 
yet been approved BY-~Be-~e~is±atH~e, the county commissioners of 
each 
county 
may 
borrow 
an 
amount 
not 
exceeding 
80% 
of 
the 
previous year's budget, except as otherwise provided. 
SUMMARY 
This bill defines the term "county official" in order to 
make the distinction between this category of county personnel, 
which includes both appointed and elected county offices, and the 
narrower 
category of 
"county officer," 
which 
refers 
only 
to 
elected offices. 
These definitions make the same distinction as 
those in municipal laws. 
The bill allows 
a 
county treasurer to pay clerical help 
either 
weekly 
or 
biweekly. 
at 
the 
discretion 
of 
the 
commissioners. consistent with recent chanaes to Maine's hour and 
wage laws. 
2R 
The 
bill 
also 
provis ions governina 
provisions have been 
years. 
removes 
adoption 
obsolete 
references 
to 
the 
Legislature 
In 
of 
a county budget because those 
in all counties for a 
number of