An Act To Streamline the County Budget Process
Maine Legislature, Session 125, LD 1476
Committee: State and Local Government
Sponsors: COTTA, SULLIVAN, CASAVANT, DOW, GILLWAY, HARMON, MOULTON, VALENTINO, WEAVER
Amends: 30-A MRSA §831, 30-A MRSA §832, 30-A MRSA §833, 30-A MRSA §834, 30-A MRSA §837, 30-A MRSA §851, 30-A MRSA §853, 30-A MRSA §855, 30-A MRSA §856

Legislative Document 
No. 1476 
H.P. 1085 
House of Representatives, April 13, 2011 
An Act To Streamline the County Budget Process 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative COTTA of China. 
Cosponsored by Senator SULLIVAN of York and 
Representatives: CASAVANT of Biddeford, DOW of Waldoboro, GILLWAY of Searsport, 
HARMON of Palermo, MOULTON of York, VALENTINO of Saco, WEAVER of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §831, as enacted by PL 1993, c. 623, §1, is amended to read: 
§831.  Committee established 
There is established the York County Budget Advisory Committee, referred to in this 
article as the "budget committee," to carry out the purposes of this article.  As used in this 
article, "county commissioners" means the county commissioners of York County and 
"county" means York County. 
Sec. 2.  30-A MRSA §832, as amended by PL 2007, c. 663, §14, is further 
amended to read: 
§832.  Membership 
The budget committee consists of 15 10 voting members and one nonvoting member 
selected as follows. 
1.  Municipal and public representatives.  No later than 100 days before the end of 
the county's fiscal year, elected municipal officials within each commissioner district 
shall caucus and elect representatives to the budget committee from that district for terms 
as provided in paragraph A.  There must be 3 2 members from each commissioner 
district, 2 one of whom are is an elected municipal officials and one of whom is a public 
representative official elected by the district caucus, and one of whom is a member of the 
public who is not a municipal official and who is a resident of that district, appointed by 
the county commissioner of that district.  No more than one member may represent the 
same municipality at a time. 
A.  Members shall serve for 3-year terms, except that initially each district caucus 
shall select one member for a one-year term, one member for a 2-year term and one 
member for a 3-year term.  If a committee member ceases to be a municipal officer or 
official during the term of membership, the committee member shall resign the 
membership and the next district caucus shall elect a qualified municipal officer or 
official to fill the membership for the remainder of the unexpired term. 
2.  Legislative member.  No later than 100 days before the end of the county's fiscal 
year, the York County legislative delegation shall elect one of the delegation's members 
to serve as a nonvoting member on the budget committee. 
3.  Committee chair.  The Each year, the budget committee shall select its own chair 
each year, who must be an appointed public member. 
Sec. 3.  30-A MRSA §833, sub-§4, ¶A, as enacted by PL 1993, c. 623, §1, is 
amended to read: 
A.  The budget adopted by the budget committee may be changed only by a majority 
unanimous vote of the county commissioners and a majority vote of all elected 
members of the budget committee.  Those actions are final and are not subject to 
further action by either the county commissioners or the budget committee. 
Sec. 4.  30-A MRSA §834, as enacted by PL 1993, c. 623, §1, is repealed and the 
following enacted in its place: 
§834.  Interim budget 
If the budget committee fails to submit a budget to the county commissioners within 
days following the start of the fiscal year, the budget submitted by the commissioners 
becomes the approved budget for the county. If a budget is not approved before the start 
of a fiscal year, the county shall operate on an interim budget not to exceed that of the 
previous fiscal year until a budget is finally adopted. 
Sec. 5.  30-A MRSA §837 is enacted to read: 
§837.  Budget amendments 
The approved budget governs the expenditures of the county during the fiscal year. 
Expenses may not be incurred in excess of those shown in the approved budget, but the 
budget may be from time to time revised by the preparation of an amended budget by the 
county commissioners. The amended budget takes effect when approved by the county 
commissioners. A report of an amended budget must be transmitted by the county 
commissioners to the State Auditor within 15 days of that approval. 
Sec. 6.  30-A MRSA §851, 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: 
§851.  Purpose 
The purpose of this article is to establish in Waldo County a method of appropriating 
money for county expenditures, according to a budget, which must first receive approval 
of a budget committee.  This article amends the statutory method in sections 2, 701 and 
by transferring the authority of the Waldo County legislative delegation and the 
Legislature to approve the Waldo County budget to a committee comprised of Waldo 
County residents and municipal officials.  This article applies only to Waldo County. 
Sec. 7.  30-A MRSA §853, 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: 
§853.  Waldo County Budget Committee 
In Waldo County there is established a the Waldo County Budget Advisory 
Committee, referred to in this article as "the budget committee," to carry out the purposes 
of this article. 
1.  Membership.  The budget committee shall consist consists of 9 voting members, 
members from each commissioner district selected as provided for in this section 
subsection.  The county commissioners shall serve on the committee in an advisory 
capacity only and may not vote on any committee matters. Each year, the budget 
committee shall select its own chair, who must be an appointed public member. 
In 1987, and thereafter, at least no later than 90 days before the end of every fiscal year, 
the members shall be are elected by the following procedure. 
A.  The county commissioners shall notify all municipal officers in the county to 
caucus by county commissioner districts at a specified date, time and place for the 
purpose of nominating at least to elect under paragraph B one municipal officer and 
one resident who is a members of the public and who is not a municipal officer from 
each district as a candidate for members of the county budget committee; except that 
in 1987, at least 3 municipal officers shall be nominated from each district.  A county 
commissioner shall serve as nonvoting moderator for his that commissioner district's 
caucus.  Nominations shall be received from the floor.  The nominee receiving the 
most votes shall be approved.  Any other nominees who receive a majority vote of 
those present shall also be approved.  The names of those duly approved shall be 
recorded and forwarded to the county commissioners to be placed on a written ballot. 
Each county commissioner shall appoint to the budget committee a member of the 
public who is a resident of the commissioner's district. 
B.  The county commissioners shall have written ballots printed with the names of 
those candidates selected in to represent their districts under paragraph A.  Each 
commissioner district shall must require a separate ballot and each ballot shall must 
specify each candidate's full name and municipality and whether the candidate is an 
elected municipal official or a member of the public.  The county commissioners 
shall distribute the appropriate ballots to each municipality within a commissioner 
district.  The municipal officers shall vote as a board for one budget committee 
member from the candidates on the ballot and return the ballot to the county 
commissioners by a certain date, except that in 1987, the municipal officers shall vote 
as a board for 3 budget committee members.  The ballots shall must be counted at a 
regular meeting of the county commissioners.  Each vote shall be is weighted 
according to that municipality's population as a proportion of the district's total 
population, except that no a municipality may not have more than one budget 
committee member.  The county commissioners shall notify each municipality, in 
writing, of the results of the election and shall certify the results to the Secretary of 
State. 
2.  Duties.  The county budget committee shall review the budget estimates prepared 
by the county commissioners and approve a final county budget. 
3.  Term of office.  The term of office shall be is 3 years, provided that as long as a 
budget committee member who is a municipal officer remains a municipal officer in the 
municipal officer's municipality, except that of those elected in 1987, one from each 
district shall be elected for a term of 3 years; one from each district shall be elected for a 
term of 2 years; and one from each district shall be elected for a term of one year or who 
is a member of the public remains a member of the public and a resident of the public 
member's municipality. 
4.  Vacancies.  A vacancy occurring on the budget committee shall must be filled by 
the committee for the balance of the unexpired term.  The person appointed to fill the 
vacant office must be a municipal officer from or a member of the public who is a 
resident of the same municipality as the person vacating the office. 
5.  Expenses.  Members shall serve without compensation, but shall be are 
reimbursed from the county treasury for expenses lawfully incurred by them in the 
performance of their duties. 
Sec. 8.  30-A MRSA §855, sub-§4, 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 
repealed and the following enacted in its place: 
4.  Adoption of budget.  After the public hearing under subsection 3 is completed, 
the budget committee shall adopt a final budget and transmit that budget to the county 
commissioners. The budget adopted by the budget committee may be changed only by a 
unanimous vote of the county commissioners. 
Sec. 9.  30-A MRSA §855, sub-§5, 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 
repealed and the following enacted in its place: 
5.  Interim budget.  If the budget committee fails to submit a budget to the county 
commissioners within 30 days following the start of the fiscal year, the budget submitted 
by the commissioners becomes the approved budget for the county. If a budget is not 
approved before the start of a fiscal year, the county shall operate on an interim budget 
not to exceed that of the previous fiscal year until a budget is finally adopted. 
Sec. 10.  30-A MRSA §856, 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: 
§856.  Budget amendments 
The approved budget shall govern governs the expenditures of the county during the 
fiscal year.  No expenses Expenses may not be incurred in excess of those shown in the 
approved budget, but the budget may be revised from time to time by the preparation and 
submission of a proposed amended budget by the county commissioners to the budget 
committee for review.  The budget committee shall render, not less than 15 calendar days, 
except in emergencies, nor submit to the county commissioners any recommendations no 
more than 30 10 days after receipt of the submission to it, a decision on any such revised 
budget.  An approved A revised budget shall takes effect upon approval by the county 
commissioners and must be transmitted to the State Auditor within 15 days of the budget 
committee's action budget's approval. 
Sec. 11.  Staggered terms.  Notwithstanding the provisions of the Maine Revised 
Statutes, Title 30-A, section 853, subsection 3, the terms of all members of the Waldo 
County Budget Advisory Committee terminate upon the next election of the budget 
committee under Title 30-A, section 853, subsection 1 held after the effective date of this 
Act.  Of the members elected at the first election of the budget committee under Title 
30-A, section 853, subsection 1 held subsequent to the effective date of this Act, one from 
each commissioner district must be elected for a term of 2 years and one from each 
commissioner district must be elected for a term of one year. 
SUMMARY 
This bill amends the county budget procedures for York County and Waldo County 
in the following ways. 
1.  For York County, this bill renames the York County Budget Committee the York 
County Budget Advisory Committee, requires 5 of the 10 voting members to be from the 
public and requires its chair be an appointed public member. This bill also requires a 
unanimous vote by the York County commissioners to amend the budget sent to them by 
the York County Budget Advisory Committee, changes the provisions concerning interim 
budgets and adds provisions concerning budget amendments. 
2.  For Waldo County, this bill renames the Waldo County Budget Committee the 
Waldo County Budget Advisory Committee, requires 6 of the 9 voting members to be 
from the public and requires its chair be an appointed public member. This bill also 
requires a unanimous vote by the Waldo County commissioners to amend the budget sent 
to them by the Waldo County Budget Advisory Committee, changes provisions 
concerning interim budgets and amends the provisions concerning budget amendments.