An Act To Strengthen Budget Caps for Counties, Municipalities and School Districts
Maine Legislature, Session 123, LD 1776
Committee: State and Local Government
Sponsors: COURTNEY, SAMSON, McCORMICK, NASS, PERRY, SCHNEIDER, SULLIVAN, BEAUDETTE, CONNOR, LANSLEY
Amends: 20-A MRSA §15671-A, 30-A MRSA §706-A

Legislative Document 
No. 1776 
S.P.627 
March 28, 2007 
An Act To Strengthen Budget Caps for Counties, Municipalities and 
School Districts 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator COURTNEY of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SAMSON of Auburn and Senators: McCORMICK of 
Kennebec, NASS of York, PERRY of Penobscot, SCHNEIDER of Penobscot, SULLIVAN of 
York, Representatives: BEAUDETTE of Biddeford, CONNOR of Kennebunk, LANSLEY of 
Sabattus. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §15671-A, sub-§5, ~A, as enacted by PL 2005, c. 2, Pt. 0, 
§35 and affected by §§72 and 74 and c. 12, Pt. WW, § 18, is amended to read: 
A. 
The article approving the additional amount must conform to the requirements 
of section 15690, subsection 3, paragraph B. 
Notwithstanding section 1304, 
subsection 6; section 1701, subsection 7; Title 30-A, section 2528, subsection 5, ~ or 
any other provision of law, municipal charter provision or ordinance, voter approval 
of the article, whether iR tOWR meetiRg, district meetiRg or other yotiAg process 
established by lay .. , ml:lAicipal charter or ordiRaRce, iRcll:ldiRg, but AOt limited to, aAY 
vote OR the article iAitiated by voter petitioA, must be by referendum or writteA ballot 
conducted pursuant to paragraph B, subparagraph (6). 
Sec. 2. 20-A MRSA §15671-A, sub-§5, ~, as amended by PL 2005, c. 12, Pt. 
WW, §3 and affected by §18, is repealed and the following enacted in its place: 
B. In a municipality where the responsibility for final adoption of the school budget 
is vested by the municipal charter in a council, this paragraph applies, 
notwithstanding any provision of the municipal charter that prohibits a petition and 
referendum process with respect to the matters described in this paragraph. 
(1) A majority of the entire membership of the school board or committee must 
approve the additional amount in a regular budget meeting. 
(2) An article approving the additional amount must conform to the requirements 
of section 15690, subsection 3, paragraph B and be approved by a majority of the 
entire membership of the council in a vote taken in accordance with section 
15690, subsection 5. 
(3) If the council votes to approve the article, the article must be submitted to the 
legal voters in a referendum held pursuant to subparagraph (6) at the next regular 
election or a special election called for that purpose, but not later than 45 days 
after the council's vote. 
(4) If the council votes not to approve the article, voters may petition for a 
referendum vote on the same article in accordance with subparagraph (5). If a 
petition is filed in accordance with subparagraph (5), the vote of the council is 
suspended pending the outcome of the referendum vote. 
(5) If a written petition, signed by at least 10% of the number of voters voting in 
the last gubernatorial election in the municipality, requesting a vote on the 
additional amount is submitted to the municipal officers within 30 days of the 
council's vote pursuant to subparagraph (4), the article voted on by the council 
must be submitted to the legal voters of the municipality at the next regular 
election or at a special election called for the purpose but not later than 45 days 
after the submission of the petition. 
(6) The referendum must be called, advertised and conducted according to the 
law relating to municipal elections, except that the registrar of voters is not 
required to prepare or the clerk to post a new list of voters and absentee ballots 
must be prepared and made available at least 14 days prior to the date of the 
referendum. For the purpose of registration of voters, the registrar of voters must 
be in session the secular day preceding the election. The voters shall indicate by 
a cross or check mark placed against the word "Yes" or "No" their opinion on the 
article. The results must be declared by the municipal officers and entered upon 
the municipal records. 
(7) Upon approval of the article by a majority of the voters voting in that 
referendum, the article takes effect. If the article is not approved by a majority of 
the voters voting in that referendum, the article does not take effect. Subsequent 
to the vote, the school committee or board may again propose an additional 
amount, subject to the requirements of this section. 
Sec. 3. 30-A MRSA §706-A, sub-§7, as affected by PL 2005, c. 2, Pt. B, §4 and 
amended by c. 12, Pt. WW, §10 and affected by §§13 and 14, is repealed and the 
following enacted in its place: 
7. 
Process for exceeding countv assessment limit. 
A county may exceed or 
increase the county assessment limit only if approved by a vote of a majority of: 
A. 
The members of the county budget committee or county budget advisory 
committee; 
B. The county commissioners; and 
C. Notwithstanding any county charter provision to the contrary, the legal voters in 
that county voting in a referendum called for that purpose. The article voted on by 
the commissioners must be submitted to the legal voters in the next regular election 
or a special election called for that purpose. The election must be called, advertised 
and conducted according to the law relating to municipal elections, except that the 
registrar of voters is not required to prepare or the clerk to post a new list of voters, 
the filing requirement contained in section 2528 does not apply and absentee ballots 
must be prepared and made available at least 14 days prior to the date of the 
referendum. For the purpose of registration of voters, the registrar of voters must be 
in session the secular day preceding the election. The voters shall indicate by a cross 
or check mark placed against the word "Yes" or "No" their opinion on the article. 
I 
The results must be declared by the county commissioners and entered upon the 
county records. 
Sec. 4. 30-A MRS A §S721-A, sub-§7, as affected by PL 2005, c. 2, Pt. C, §5 and 
amended by c. 12, Pt. WW, § 12 and affected by § § 15 and 16, is repealed and the 
following enacted in its place: 
7. Process for exceeding propertv tax leyy limit. A municipality may exceed or 
increase the property tax levy limit only by the following means. 
A. 
If the municipal budget is adopted by town meeting or by referendum, then, 
notwithstanding any provision of the municipality's charter to the contrary, the 
property tax levy limit may be exceeded only by a referendum of the legal voters of 
that municipality held pursuant to paragraph B, subparagraph (2). 
I 
B. If the municipal budget is adopted by a town councilor city council, the property 
tax levy limit may be exceeded only by a majority vote of: 
(I) The elected members of the town councilor city council on a separate article 
that specifically identifies the intent to exceed the property tax levy limit; and 
(2) Notwithstanding any provision of the municipal charter to the contrary, the 
legal voters of that municipality voting in a referendum on the question of 
exceeding the property tax levy limit. The article voted on by the council must 
be submitted to the legal voters in the next regular election or a special election 
called for that purpose. The election must be called, advertised and conducted 
according to the law relating to municipal elections, except that the registrar of 
voters is not required to prepare or the clerk to post a new list of voters and 
absentee ballots must be prepared and made available at least 14 days prior to the 
date of the referendum. For the purpose of registration of voters, the registrar of 
voters must be in session the secular day preceding the election. The voters shall 
indicate by a cross or check mark placed against the word "Yes" or "No" their 
opinion on the article. The results must be declared by the municipal officers and 
entered upon the municipal records. 
SUMMARY 
Under Public Law 2005, chapter 2, the so-called "L.D. 1," a county, municipality or 
school administrative unit in a municipality may exceed the maximum state and local 
spending targets if a majority of the legislative body responsible for the budget votes 
specifically to exceed the spending limits. 
This bill requires the final vote on whether to exceed the spending limits at the 
county, municipal or school unit level to be sent to a referendum of the voters in that 
county, municipality or school unit, respectively.