An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007
Maine Legislature, Session 122, LD 0468
Committee Amendment CA_A-SA_F_S30 (Senate)

SENATE 
AMENDMENT 
" F" to COMMITTEE 
AMENDMENT 
"A" to H. P. 
343, L.D. 468, Bill, "An Act Making Unified Appropriations and 
Allocations for the Expenditures of State Government, 
General 
Fund and Other Funds, and Changing Certain Provisions of the Law 
Necessary to the Proper Operations of State Government for the 
Fiscal Years Ending June 30, 2006 and June 30, 2007" 
Amend the amendment by striking out the substitute title and 
replacing it with the following: 
'An Act To Implement a Temporary Budqet for the Operations of 
State Govermnent for the Period from July 1, 2005 to September 
30, 2005' 
Further amend the amendment by striking out everything after 
the title and before the swnmary and inserting in its place the 
following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the 90-day period will not terminate until after 
the beginning of the next fiscal year; and 
Whereas, legislation must be in place prior to July 1, 2005 
in order to continue the various programs 
and services into 
fiscal year 2005-06; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Page l-LR2l49(18) 
SENATE AMENDMENT 
".~t,. 
SENATE AMENDMENT ",:" to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 468 
343, 
Maine 
and 
require 
the 
following 
legislation 
as 
necessary for the preservation of the public peace, 
safety; now, therefore, 
immediately 
health and 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. Appropriations and allocations for first quarter of fiscal year 
2005-06. 
The Legislature hereby appropriates and allocates from 
the State Treasury to the departments 
and agencies of State 
Government amounts sufficient to continue the operations of State 
Government for the first quarter of fiscal year 2005-06, the 
period from July 1, 2005 to September 30, 2005, consistent with 
law 
and 
legislative 
intent 
as 
enacted 
through 
the 
l21st 
Legislature and including Public Law 
2005, 
chapter 2. 
These 
appropriations 
and allocations are subject to the additional 
restrictions in this Act. 
Sec. 2. Operation of State Government; first quarter of fiscal year 
2005-06. 
The State Controller shall authorize expenditures for 
the first quarter of fiscal year 2005-06 consistent with the 
provisions of this Act upon receipt of allotments duly approved 
by the Governor based on temporary work programs submitted to the 
State Budget Officer. 
Sec. 3. Limitation on General Fund allotments. 
The total General 
Fund allotment for the first quarter of fiscal year 
20~5-06 may 
not exceed $676,943,471, excluding allotments of encumbered and 
unencumbered balances carried forward from fiscal year 2004-05. 
To remain within this amount, expenditures for programs may be 
adjusted through deferring expenditures until later quarters in 
fiscal year 2005-06, if the additional budgetary restrictions in 
section 6 are not sufficient to keep allotments within the total 
amount authorized in this section, except that expenditures for 
the following may not be adjusted through deferring expenditures: 
1. 
General 
Purpose 
Aid 
for 
Local 
Schools 
within 
the 
Department of Education; 
2. 
Any program with debt service expenditures including 
debt service within the Office of the Treasurer of State and Debt 
Service -
Governmental Facilities Authority within the Department 
of Administrative and Financial Services; and 
3. 
Programs that represent an entitlement as a statutory 
benefit. 
Expenditures for general purpose aid for local schools, debt 
service and statutory entitlements must be expended consistent 
SENATE AMENDMENT 
SENATE AMENDMENT 
L.D. 468 
to COMMITTEE 
AMENDMENT 
.. A" to H.P. 343, 
with existing debt requirements and current law, including Public 
Law 2005, chapter 2. 
Sec. 4. Limitation on Highway Fund allotments. 
The 
total 
Highway Fund allotment for the first quarter of fiscal year 
2005-06 
may 
not exceed 
$82,510,295, 
excluding allotments 
of 
encumbered and unencumbered balances carried forward from fiscal 
year 2004-05. 
To remain within this amount, expenditures for 
programs may be adjusted by deferring expenditures until later 
quarters in fiscal year 2005-06, if the additional budgetary 
restrictions in section 6 are not sufficient to keep allotments 
within 'the total amount authorized in this section, except that 
expenditures 
for 
the 
following 
may 
not 
be 
adjusted through 
deferring expenditures: 
1. 
Bond Interest -
Highway and Bond Retirement -
Highway 
within the Department of Transportation; and 
2. 
Programs that represent an entitlement as a statutory 
benefit. 
Expenditures 
for 
Highway 
Fund 
debt 
statutory entitlements must be consistent 
requirements and current law. 
service 
costs 
with existing 
and 
debt 
Sec. 5. Limitation on allotments of other funds. 
For fund accounts 
other than General Fund and Highway Fund, 
allotments for the 
first quarter of fiscal year 2005-06 must be established and 
expenditures made in accordance with the statutes that establish 
the fund accounts subject to the following provisions: 
1. 
Sufficient cash is available in the fund accounts; 
2. 
Allotment is required to maintain a level of program 
effort consistent with legislative intent; 
3. 
Failure to allot these available funds could have a 
detrimental effect on current programs; and 
4. 
The funds are allotted by financial order. 
Sec. 6. Other budget restrictions. For the period beginning July 
1, 
2005 and ending September 30, 
2005, each state agency and 
department shall review its programs and implement the following 
procedures. 
1. 
Financial orders that request the transfer of balances 
of appropriations and allocations between line categories and 
accounts, 
that 
request 
the 
use 
of 
savings 
for 
project 
or 
SENATE AMENDMENT 
SENATE 
AMENDMENT "F" to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 468 
343, 
limited-period positions or that request allotment in excess of 
allocation, except for Government/Student Intern positions, may 
not be approved unless the State Budget Officer determines such 
uses are necessary to protect the health or safety of the public, 
to meet payroll obligations or to fund legislatively approved 
salary 
increases 
and 
adjustments 
or 
are 
necessary 
to 
meet 
unavoidable legal obligations. 
2. 
A hiring freeze 
is 
immediately in effect for all 
positions that are vacant or that become 
vacant. 
Emergency 
exceptions to this subsection may be approved by each department 
or agency head with advice and recommendations from the Bureau of 
the Budget and the Commissioner of Administrative and Financial 
Services, or the commissioner's designee. 
Department and agency 
heads shall make every effort to streamline operations in order 
to 
avoid 
the 
filling 
of 
vacancies. 
Hiring 
decisions 
by 
department and agency heads are limited by available Personal 
Services 
funds 
in General 
Fund 
accounts 
during fiscal 
year 
2005-06. 
3. 
Unscheduled 
overtime 
is 
not 
permitted 
except 
in 
emergency or other unavoidable circumstances and only with the 
prior 
approval 
of 
the 
department 
or 
agency 
head, 
or 
the 
department or agency head's designee. 
4. 
All travel must be reduced to the absolute minimum 
necessary to maintain effective operations with the following 
exceptions: 
A. 
Travel directly related to the care of residents, wards, 
foster children and other individuals under state care or 
protection; 
B. 
Travel required in the execution of law enforcement 
investigations, interstate contracts directly related to the 
extradition 
of 
an 
individual 
or 
the 
transfer 
of 
an 
individual to or from a correctional facility; 
C. 
Travel directly involved in the securing of revenue or 
that directly affects revenue; and 
D. 
Travel required in emergencies or other extraordinary 
circumstances. 
All department and 
travel, 
especially 
technology. 
agency heads 
the 
use 
of 
shall explore alternatives to 
appropriate 
telecommunications 
5. 
Each department and agency head 
shall review and reduce 
all contracts, 
grants 
or 
purchases 
to 
the 
absolute 
minimum 
necessary to maintain effective operations or to meet emergency 
SENATE AMENDMENT 
~ .• ~' 
SENATE 
AMENDMENT "r" to COMMITTEE 
AMENDMENT 
"A" 
L.D. 468 
to H.P. 
343, 
situations. 
Each department or agency head is responsible for 
making the determination that a 
contract, 
grant or purchase 
satisfies the emergency or cost-effective operation standard in 
accordance 
with 
guidelines 
developed 
by 
the 
Department 
of 
Administrative and Financial Services, Division of Purchases. The 
Director of Purchases is authorized to return to a department or 
agency 
head 
any 
contracts, 
grants 
or 
purchases 
that 
are 
determined 
to 
be 
nonessential 
or 
that 
can 
be 
delayed 
or 
postponed. This subsection does not apply to Federal Expenditures 
Fund accounts and Federal Block Grant Fund accounts if a General 
Fund match or other General Fund obligation is not required. 
This section is not intended to prevent state agencies and 
departments from addressing emergencies or irruninent threats to 
health and safety or from fulfilling legal obligations entered 
into prior to the effective date of this section. 
Sec. 7. 
Report. 
The 
Corrunissioner 
of 
Administrative 
and 
Financial 
Services 
shall 
provide 
a 
report 
that 
lists 
the 
allotments authorized by this Act to the Joint Standing Corrunittee 
on Appropriations and Financial Affairs and the Joint Standing 
Corrunittee on Transportation no later than July 15, 2005. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect July 1, 2005. I 
SUMMARY 
This amendment authorizes expenditures for the first quarter 
of fiscal year 2005-06 in order to ensure that State Government 
can continue to operate in the event that the effective date of 
the current services budget is delayed. 
It authorizes allotments 
based on current law except that the General Fund and the Highway 
Fund first quarter allotments are limited to 1/4 of the total 
budgeted 
revenue 
as 
estimated 
by 
the 
Revenue 
Forecasting 
Corrunittee as revised in its March 2005 report. 
Expenditures for 
debt service, general purpose aid for 
local schools and any 
statutory entitlements are to be fully funded in the General Fund 
and Highway Fund. 
Additional budgetary restrictions are imposed 
SENATE AMENDMENT 
,,-i" 
SENATE AMENDMENT 
If ~ to COMMITTEE 
AMENDMENT 
If A If to H. P . 
L.D. 468 
343, 
for the first quarter of fiscal year 2005-06, in order to stay 
within available 
revenue 
and maintain 
a 
balanced budget 
by 
staying within the allotment limitations. 
If these restrictions 
are not enough, other General Fund and Highway Fund expenditures 
may be deferred until after the first quarter. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSOREDi~ V\......, f:.... 
(Senator R. NASS) 
COUNTY: 
York 
j. 
SENATE AMENDMENT 
Approved: 03/23/05 ~ae 
LD468 
LR2149(18) 
An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, 
General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper 
Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007 
iscal Detail and Notes 
Fiscal Note for Senate Amendment ,F to Committee Amendment A 
Sponsor: Sen. Nass 
Fiscal Note Required: Yes 
Fiscal Note 
Current bienniom cost decrease - General Fund 
Current bienniom revenue increase - General Fund 
This amendment replaces Committee Amendment "A" and will increase the General Fund cost of the bill by $2,201,786 in 
fiscal year 2004-05 and decrease the General Fund cost of the bill by $2,715,820,454 in fiscal year 2005-06 and 
$2,824,797,009 in fiscal year 2006-07. Based on the estimated year-end balances, this amendment maintains a balanced 
budget for the 2006-2007 biennium. 
This amendment authorizes $676,943,471 in General Fund allotment for the first quarter of fiscal year 2005-06 and 
$82,510,295 in Highway Fund allotment for the first quarter of fiscal year 2005-06. These amounts represent one quarter 
of the budgeted revenue for each of these two funds. It also provides a mechanism for limited allotment for other state 
government funds in the first quarter of fiscal year 2005-06. 
LR2149(18) - Fiscal Note - Page 1 of 1