An Act To Amend the Laws Governing Spending by School Administrative Units
Maine Legislature, Session 124, LD 1414
Committee: Education and Cultural Affairs
Sponsors: PINGREE, ALFOND, EATON, PRATT, SCHATZ, SUTHERLAND

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 1414 
H.P.990 
House of Representatives, April 7, 2009 
. An Act To Amend the Laws Governing Spending by School 
Administrative Units 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed: 
Presented by Speaker PINGREE of North Haven. 
Cosponsored by Senator ALFOND of Cumberland and 
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1h.1J?iI£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: EATON of Sullivan, PRATT of Eddington, SCHATZ of Blue Hill, 
SUTHERLAND of Chapman. 
PrinlL'd llll I'ccyded papt:1' 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA c. l03-B is enacted to read: 
CHAPTER l03-B 
SCHOOL ADMINISTRATIVE UNITS 
§1551. Budget validation referendum 
Notwithstanding. the provisions of section 1486, subsection 3, paragraph G, if a 
school budget exceeds the maximum state and local spending target pursuant to section 
15671-A, subsection 5, the article to be voted on for a budget that includes locally raised 
funds over and above the school administrative unit's local contribution to the total cost 
of funding public education from kindergarten to grade 12 as described in the Essential 
Programs and Services Funding Act must be in the following form: 
"Do you favor approving the (name of school administrative unit) budget for the 
upcoming school year that was adopted at the latest (name of school administrative 
unit) budget meeting and that includes locally raised funds that exceed last year's 
budget by ...... % and the required local contribution as described in the Essential 
Programs and Services Funding Act? 
Yes No 
A YES vote allows additional funds to be raised for 1(-12 public education. 
A NO vote means additional funds cannot be raised for 1(-12 public education." 
Sec. 2. 20-A MRS A §15671-A, sub-§5, as amended by PL 2005, c. 519, Pt. 
AAAA, §2, is fmiher amended to read: 
5. Exceeding maximum state and local spending target. If the sum of a school 
administrative unit's required local contribution determined pursuant to section 15688, 
subsection 3-A plus the state contribution as calculated pursuant to section 15688, 
subsection 3-A, paragraph D, plus any state funds resulting from a transition adjustment 
pUrSl)ant to seCtion 15686,' plus any additional local amount proposed to be raised 
pursuant to section 15690, subsection 3 exceeds the school administrative unit's 
maximum state and local spending target established pursuant to subsection 4, the 
3.1 
.following provisions govern approval ofthat additional amount. 
A. The article approving the additional amount must conform to the requirements of 
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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 chartel; provision or ordinance, voter approval of the 
article, whether in town meeting, district meeting or other voting process established 
Page I - 124LR1312(Ol)-1 
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by law, municipal charter or ordinance, including, but not limited to, any vote on the 
article initiated by voter petition, must be by referendum or written ballot. 
B. In a municipality where the responsibility for final adoption of the school budget 
is vested by the municipal chmiel' in a council, this paragraph applies, except that the 
.petition and referendum provisions apply only if the municipal charter does not 
otherwise provide for or prohibit 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 pudget meeting. 
(2) An aliicle approving the additional amount must conform to the requirements 
of section 15690, subsection 3, paragraph B and be approved by a majorityofthe 
entire membership of the council in a vote taken in accordance with section 
15690, subsection 5 or, if the cou~cil votes not to approve the article, by a 
majority of voters voting in a referendum called pursuant to subparagraph (4). 
(3) If an aliicle is approved by the council pursuant to subparagraph (2), the 
voters may petition for a referendum vote on the same article in accordance with 
subparagraph (4). If a petition is filed in accordance with subparagraph (4), the 
vote of the council is suspended pending the outcome 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 approved by a majority of 
the voters voting in that referendum, the aliicle does not take effect. Subsequent 
to the vo~e, the school committee or board may again propose an additional 
amount, subject to the requirernents of this section. 
(4) Ifa 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 (2), 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 the 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 
. 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. 
Beginning in fiscal year 2010-11, for purposes of this subsection, a school administrative 
unit does not exceed its maximum state and local spending target if the amount of its 
budget is below the higher of an amount in excess of 5% over the state and local spending 
target established for the .current fiscal year under subsection 4 or, if the previous year's 
validated budget exceeded the school administrative unit's maximum state and local 
spending target under this subsection or a referendum pursuant to section 1486, 
subsection 3, paragraph G or section 1551, an amount in excess' of the school 
administrative unit's previous fiscal year's budget mUltiplied by the rate of growth of the 
amount of the current fiscal year's state and local spending target over the previous fiscal 
year's state and local spending target. 
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SUMMARY 
This bill allows a school administrative unit to exceed its maximum state and lo~al 
spending target under the Essential Programs and Services Funding Act by the higher of· 
5% over the state and local spending target or an amount equal to the unit's previous 
year's budget multiplied by the rate of growth or'the current year's maximum state and 
local spending target over the previous year's maximum s~ate and local spending target 
without having to have the amount approved by referendum. 
This bill creates new 
referendum language for a school administrative unit that exceeds its maximum state and 
local spending target. 
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