An Act To Seek Direct Voter Approval To Exceed Government Spending Limits March 21, 2007
Maine Legislature, Session 123, LD 1618
Committee: State and Local Government
Sponsors: ROSEN, COURTNEY, MILLS, NASS, PERRY, RA YE, PERCY, WATSON
Amends: 20-A MRSA §15671-A, 30-A MRSA §706-A

Legislative Document 
No. 1618 
S.P.562 
An Act To Seek Direct Voter Approval To Exceed Government 
Spending Limits 
March 21, 2007 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator ROSEN of Hancock. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: COURTNEY of York, MILLS of Somerset, NASS of York, PERRY 
of Penobscot, RA YE of Washington, Representatives: PERCY of Phippsburg, WATSON of 
Bath. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §15671-A, sub-§3, as amended by PL 2005, c. 2, Pt. D, §35 
and affected by §§72 and 74 and affected by c. 12, Pt. WW, § 18, is further amended to 
read: 
3. 
Exceeding maximum local cost share expectations; separate article. 
Beginning with the 2005-2006 school budget, the legislative body of a school 
administrative unit may adopt an additional local appropriation that exceeds the local cost 
share expectation established by section 15688, subsection 3-A, paragraph A only if that 
action is approved in a separate article by a vote of the school administrative unit's 
legislative body through the same process that by which the school budget is approved in 
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that school administrative unit and in accordance with section 15690 and that action is 
approved by the voters at a referendum. If that additional appropriation causes the school 
administrative unit to exceed the maximum state and local spending target described in 
subsection 4, the requirements of subsection 5 apply. 
Sec. 2. 20-A MRSA §15671-A, sub-§5, ~, as amended by PL 2005, c. 12, Pt. 
WW, § 3 and affected by § 18, is further amended to read: 
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, except that the 
petition and referendl:lm pro\lisions apply only if the ml:lnicipal charter does not 
otherwise pro\'ide for or prohibit a petition and referendl:lm 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 or, if the council votes not to approve the 
article, and by a majority of voters voting in a referendum called pursuant to 
sl:lbparagraph (4). 
(3) If an article is approved by the cOl:lncil pl:lrsuant to subparagraph (2), the 
\loters may petition for a referendum .. 'ote on the same article in accordance '",ith 
subparagraph (4). If a petition is filed in acoordance "'.,,ith subparagraph (4), the 
\lote of the cOl:lncil is sl:lspended pending the ol:ltcome of the referendum vote. 
Upon approval of the article by a majority of the voters voting in that 
referendum, the article takes effect. If the article is not appro\led by a majority of 
the voters \loting in that referendum, the article does not take effect. Subsequent 
to the vote, the school committee or board may again propose an additional 
amol:lnt, sl:lbject to the reql:lirements of this section. 
(4) If a ,"'>'ritten petition, signed b)' at least 10% of the number of voters voting in 
the last gubernatorial election in the municipaJit)" 
req~:lesting a vote on the 
additional amOl:lnt is submitted to the municipal officers within 30 days of the 
COl:lRcil's vote pl:lTSl:lant to sl:lbparagraph (2), the article voted on by the cOl:lncil 
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must be submitted to the legal voters in the next regular election or a special 
election called for the purpose. The election ml:lst be held 'Hithin 45 days of the 
submission of the petition. The election must be called, advertised and condl:lcted 
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 't'oters and 
absentee ballots must be prepared and made available at least 14 days prior to the 
date of the referendl:lm. For the pl:lrpose of registration of voters, the registrar of 
voters must be in session the secular day preceding the election. The 'ioters 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 
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entered I:lpon the ml:lnicipal records. 
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, § I 0 and affected by §§ 13 and 14, is further amended to read: 
7. 
Process for exceeding county assessment limit. 
A county may exceed or 
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increase the county assessment limit only if approved by a vote of a majority of all the 
members of both the county budget committee or county budget advisory committee and 
the county commissioners and if approved by the voters at a referendum. 
Unless a county charter otherwise provides or prohibits a petition and referendum 
process, if a 'written petition, signed by at least 10% of the nl:lmber of voters voting in the 
last gubernatorial election in the county, reql:lesting a vote on the question of exceeding 
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the county assessment limit is submitted to the county commissioners "lithin 30 days of 
the commissioners' vote pursuant to this sl:lbsection, the article 't'oted on by the 
commissioners must be sl:lbmitted to the legal voters in the next regular election or a 
special election called for that pl:lFpose. The election ml:lst be held within 45 days of the 
submission of the petition. 
The election must be called, advertised and conducted 
according to the law relating to ml:lnicipal elections, except that the registrar of voters is 
not required to prepare or the clerk to post a new list of 'ioters, the filing reql:lirement 
contained in section 2528 does not apply and absentee ballots ml:lst 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 
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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 resl:llts ml:lst be declared by the cOl:lnty' 
commissioners and entered upon the cOl:lnty' records. 
Sec. 4. 30-A MRSA §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 further amended 
to read: 
. 
B. 
If the municipal budget is adopted by a town councilor city council, the property 
tax levy limit may be exceeded only if approved by a majority vote of all the elected 
members of the town council or city council on a separate article that specifically 
identifies the intent to exceed the property tax levy limit and approved by the voters 
at a referendum. 
Unless a municipal charter otherwise provides or prohibits a 
petition and referendl:lm process, if a 'Hritten petition, signed by at least 10% of the 
11I:lmber of voters 'ioting in the last gl:lbernatorial election in the ml:lnicipality" 
requesting a vote on the ql:lestion of exceeding the property' tax lev)' limit is sl:lbmitted 
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to the municipal officers within 30 days of the council's vote pursuant to this 
paragraph, the article voted on by the cmmcil must be submitted to the legal voters in 
the next regular election or a special election called for that purpose. The election 
must be held within 45 days of the submission of the petition. The election must be 
called, advertised and conducted according to the law relating to municipal elections, 
except that the registrar of '<'oters is not required to prepare or the clerk to post a new 
list of Yoters 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 cheek mark placed against the 'Nord "Yes" or "No" 
their opinion on the article. The results must be declared by the municipal officers 
and entered upon the municipal records. 
SUMMARY 
This bill provides that the spending caps set in Public Law 2005, chapter 2 on school 
administrative units, counties and municipalities may be exceeded only if approved by 
the voters at a referendum.