An Act To Ensure That All Voters Are Able To Vote in Regional School Unit Budget Elections
Maine Legislature, Session 126, LD 0417
Committee: Education and Cultural Affairs
Sponsors: THOMAS, KNIGHT
Amends: 20-A MRSA §1461-B, 20-A MRSA §1482, 20-A MRSA §1482-A, 20-A MRSA §1482-B, 20-A MRSA §1484, 20-A MRSA §1485, 20-A MRSA §1486, 20-A MRSA §1487, 20-A MRSA §1488, 20-A MRSA §1489, 20-A MRSA §1490, 20-A MRSA §1491, 20-A MRSA §15008, 20-A MRSA §15691-A

Legislative Document 
No. 417 
S.P. 159 
In Senate, February 14, 2013 
An Act To Ensure That All Voters Are Able To Vote in Regional 
School Unit Budget Elections 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator THOMAS of Somerset. 
Cosponsored by Representative KNIGHT of Livermore Falls. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §1461-B, sub-§3, ¶C, as amended by PL 2011, c. 485, §1, 
is further amended to read: 
C.  The budget procedures of member entities of an alternative organizational 
structure must conform to the format and referendum procedures set forth in sections 
1485 and 1486 for regional school units.  The budget of the alternative organizational 
structure must be approved at a meeting of budget approval referendum by the voters 
of all of the member entities conducted in accordance with the procedures applicable 
to a regional school unit budget meeting except as provided in paragraph D approval.  
The budget of an alternative organizational structure is not subject to a separate 
budget validation referendum as described in section 1486. 
Sec. 2.  20-A MRSA §1461-B, sub-§3, ¶D, as enacted by PL 2011, c. 485, §2, is 
repealed. 
Sec. 3.  20-A MRSA §1482, sub-§2, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read: 
2.  Distribution.  At least 7 days before a regional school unit budget meeting 
hearing, the regional school unit board shall make available to the legislative body 
responsible for final budget approval and residents of the regional school unit a detailed 
budget document.  The detailed budget document must include a summary of anticipated 
revenues and estimated school expenditures. 
Sec. 4.  20-A MRSA §1482-A, as enacted by PL 2007, c. 668, §17, is amended to 
read: 
§1482-A.  Budget hearing 
A regional school unit board shall hold a regional school unit budget meeting hearing 
at a time it determines. 
1.  Hearing.  The budget meeting must be called by a warrant.  The warrant hearing 
notice must: 
A.  Be signed by a majority of the regional school unit board; 
B.  Specify the time and place of the meeting hearing; 
C.  Include the proposed school budget and other articles the regional school unit 
board chooses to place before the voters at the budget approval referendum 
established under section 1486, excluding authorization to borrow money for school 
construction purposes; 
D.  Specify the state and local shares of the state-local allocation and local leeway 
and additional expenditures without state participation; and 
E.  Be directed to a resident of the regional school unit by name ordering the resident 
to notify all voters within the regional school unit to assemble at the time and place 
appointed. 
2.  Notice.  An attested copy of the warrant budget hearing notice must be posted by 
the person to whom it is directed in some conspicuous public place in each of the 
municipalities within the regional school unit at least 7 days before the meeting hearing.  
The person who gives notice of the meeting hearing shall make a return of the posting on 
the warrant hearing notice stating the manner of notice in each municipality and the time 
when it was given. 
3.  Requested articles.  If requested by a written petition of at least 10% of the 
number of voters voting for the gubernatorial candidates in the last gubernatorial election 
in each municipality within the regional school unit, the regional school unit board shall 
place specific articles, not in conflict with existing state statutes, in the warrants for 
consideration at the next annual regional school unit budget meeting.  To be included in 
the warrant, a petition must be received by the regional school unit board at least 15 days 
before the date set for the budget meeting.  When placed on the warrant, the articles must 
be considered before action relating to the appropriation of money for the operation of 
schools may be taken. 
Sec. 5.  20-A MRSA §1482-B, as enacted by PL 2007, c. 668, §18, is amended to 
read: 
§1482-B.  Annual budget hearing procedures 
The following procedures must be used at a regional school unit annual budget 
meeting hearing. 
1.  Chair.  The secretary of the regional school unit board or the chair of the regional 
school unit board when the secretary is absent shall open the annual budget meeting and 
call for the election of a moderator, receive and count votes for the moderator and swear 
in the moderator shall serve as chair of the budget hearing.  In the chair's absence, the 
vice-chair of the board shall chair the budget hearing.   
2.  Appointing ballot clerks.  The moderator shall appoint from the certified voting 
list the ballot clerks necessary for the efficient operation of the annual budget meeting.  
The moderator shall swear in the clerks. 
3.  Budget consideration.  The superintendent of the regional school unit shall 
thoroughly explain the budget.  The voters Residents of the regional school unit attending 
the budget hearing must have an opportunity to be heard.  The voters Based on testimony 
offered at the budget hearing, the regional school unit board may change only items 
dealing with: 
A.  The expenses necessary to operate the regional school unit; 
B.  Appropriations for the reserve fund; and 
C.  Appropriations for the contingency fund and school construction purposes. 
4.  Approval.  A majority vote of those voters present and voting the regional school 
unit board is necessary for the approval of the annual budget that is presented to voters at 
the budget approval referendum under section 1486.   
5.  Voting lists.  Registration of voters for the annual budget meeting must be held in 
each member municipality in accordance with Title 21-A, section 122. 
A.  Prior to the annual budget meeting, the municipal clerks of the member 
municipalities shall supply to the regional school unit board certified corrected copies 
of the registered voters of their municipalities. 
B.  The certified corrected copies under paragraph A must be used in determining the 
voters who are eligible to vote at the annual budget meeting. 
6.  Written ballot.  An article must be voted on by written ballot if at least 10% of 
those present and voting vote to use a written ballot.  The department, in consultation 
with municipal and school officials and with organizations representing those officials, 
shall develop and distribute guidelines to assist regional school unit annual budget 
meeting moderators in explaining and implementing this subsection. 
Sec. 6.  20-A MRSA §1484, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is 
repealed. 
Sec. 7.  20-A MRSA §1485, sub-§§2 and 3, as enacted by PL 2007, c. 240, Pt. 
XXXX, §13, are amended to read: 
2.  Budget details.  The warrant articles presented to the legislative body of the 
regional school unit for approval of the regional school unit budget must correspond to 
the categories of the cost center summary budget described in subsection 1. In addition to 
expenditure and revenue cost center summary totals, the regional school unit board shall 
provide to voters residents of the regional school unit attending the budget hearing a 
reasonably detailed breakdown for each major subcategory within each budget category. 
The department shall adopt routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A defining and establishing the content of those informational 
subcategories. 
3.  Budget approval.  A regional school unit's cost center summary budget must be 
approved at a regional school unit budget meeting and by a budget validation approval 
referendum as provided in section 1486. 
Sec. 8.  20-A MRSA §1486,  as amended by PL 2011, c. 678, Pt. B, §1, is further 
amended to read: 
§1486.  Budget approval referendum 
After January 31, 2008, the procedure for approval of the annual budget of a regional 
school unit must be in accordance with this section and section 1485. 
1.  Budget approval.  Following development of the annual regional school unit 
budget and approval at the holding of a regional school unit budget meeting hearing as 
provided in section 1485, a referendum must be held in the regional school unit as 
provided in this section to allow the voters to validate accept or reject the total budget 
adopted at presented by the regional school unit budget meeting. 
Every 3 years, the voters in a regional school unit shall consider continued use of the 
budget validation referendum process.  The warrant at the budget validation referendum 
in the 3rd year following adoption or continuation of the referendum process must 
include an article by which the voters of the school administrative unit may indicate 
whether they wish to continue the process for another 3 years.  The warrant for the 
referendum to validate the fiscal year 2010-11 budget is deemed the 3rd-year warrant.  A 
vote to continue retains the process for 3 additional years.  A vote to discontinue the 
process ends its use beginning with the following budget year and prohibits its 
reconsideration for at least 3 years. 
An article to consider reinstatement of the budget validation referendum process may be 
placed on a warrant for a referendum vote by either a majority vote of the regional school 
unit board or a written petition filed with the regional school unit board by at least 10% of 
the number of voters voting in the last gubernatorial election in the municipalities in the 
school administrative unit.  The regional school unit board shall place the article on the 
next scheduled warrant or an earlier one if determined appropriate by the regional school 
unit board.  If adopted by the voters, the budget validation referendum process takes 
effect beginning in the next budget year or the following budget year if the adoption 
occurs less than 90 days before the start of the next budget year.  Once approved by the 
voters, the budget validation referendum process may not be changed for 3 years. 
2.   Budget approval referendum procedures.  The budget validation approval 
referendum must be held on or before the 30th calendar day following the scheduled date 
of the regional school unit budget meeting hearing.  The referendum may not be held on a 
Sunday or legal holiday.  The vote at referendum is for the purpose of approving or 
rejecting the total regional school unit budget approved at presented by the regional 
school unit budget meeting board.  The regional school unit board shall provide printed 
information to be displayed at polling places to assist voters in voting.  That information 
is limited to the total amounts proposed by the regional school unit board for each cost 
center summary budget category article, the amount approved at the regional school unit 
budget meeting, a summary of the total authorized expenditures and, if applicable 
because of action on an article under section 15690, subsection 3, paragraph A, a 
statement that the amount approved at the regional school unit budget meeting of the 
budget includes locally raised funds that exceed the maximum state and local spending 
target pursuant to section 15671-A, subsection 5. 
3.  Budget approval referendum voting.  The method of calling and voting at a 
budget validation approval referendum is as provided in sections 1502 and 1503, except 
as otherwise provided in this subsection or as is inconsistent with other requirements of 
this section. 
A.  A public hearing is not required before the vote. 
C.  The warrant and absentee Absentee ballots must be delivered to the municipal 
clerk no later than the day after the date of the regional school unit budget meeting 
hearing. 
D.  Absentee ballots received by the municipal clerk may not be processed or counted 
unless received on the day after the conclusion of the regional school unit budget 
meeting hearing and before the close of the polls. 
E.  All envelopes containing absentee ballots received before the day after the 
conclusion of the regional school unit budget meeting hearing or after the close of the 
polls must be marked "rejected" by the municipal clerk. 
F.  The article to be voted on must be in the following form: 
(1)  "Do you favor approving the (name of regional school unit) budget for the 
upcoming school year that was adopted at by the board after the latest (name of 
regional school unit) budget meeting hearing? 
Yes No" 
4.  Failure to approve budget.  If the voters do not validate the budget approved in 
approve the regional school unit budget meeting at the budget validation approval 
referendum vote, the regional school unit board shall hold another regional school unit 
budget meeting hearing in accordance with this section and section 1485 at least 10 days 
but no longer than 45 days after the referendum to vote on a budget approved by the 
regional school unit board. The budget approved at adopted by the regional school unit 
board after the regional school unit budget meeting hearing must be submitted to the 
voters for validation approval at referendum in accordance with this section. The process 
must be repeated until a budget is approved at a regional school unit budget meeting and 
validated at approval referendum. If a budget is not approved and validated before July 
1st of each year, section 1487 applies. 
Sec. 9.  20-A MRSA §1487, as amended by PL 2007, c. 668, §21, is further 
amended to read: 
§1487.  Failure to pass budget 
If a budget for the operation of a regional school unit is not approved prior to July 
1st, the latest budget approved at a regional school unit budget meeting and submitted to 
the voters for validation at a referendum in accordance with section 1486 is automatically 
considered the budget for operational expenses for the ensuing year until a final budget is 
approved, except that, when the regional school unit board delays the regional school unit 
budget meeting hearing, the operating budget must be approved within 30 days of the 
date the commissioner notifies the regional school unit board of the amount allocated to 
the regional school unit under section 15689-B, or the latest budget submitted by the 
regional school unit board becomes the operating budget for the next school year until a 
budget is approved at a regional school unit budget meeting and validated at a approval 
referendum. If the budget of a regional school unit is not approved and validated before 
July 1st and the officers of any affected municipality determine that the property taxes 
must be committed in a timely manner to the collector pursuant to Title 36, section 709, 
the municipal assessor or assessors may commit the property taxes on the basis of the 
latest budget approved at a regional school unit budget meeting and submitted to the 
voters for validation at a approval referendum in accordance with section 1486. 
Sec. 10.  20-A MRSA §1488, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is 
amended to read: 
§1488.   Special budget meeting 
The  Notwithstanding the provisions of sections 1485 and 1486, the regional school 
unit board may call a special budget meeting when it declares that an emergency exists. 
The voters of the regional school unit may authorize the regional school unit board at a 
special regional school unit budget meeting to expend additional funds from the regional 
school unit's undesignated fund balance or to pledge the credit of the regional school unit 
to obtain additional money for the operation of schools. A special budget meeting held on 
or after July 1, 2008 must be conducted in accordance with sections 1485 and 1486. 
Sec. 11.  20-A MRSA §1489, sub-§1, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read: 
1.  Warrant.  In accordance with the budget approved proposed by the voters at an 
annual budget meeting regional school unit board and approved by voters at a budget 
approval referendum and in substantially the same form as the warrant of the Treasurer of 
State for taxes, the regional school unit board shall issue its warrants to the assessors of 
each member municipality requiring them to assess upon the taxable estates within the 
municipality an amount that is that municipality's share of the regional school unit's costs. 
Sec. 12.  20-A MRSA §1490, sub-§2, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read: 
2.  Voter approval.  Bonds or notes for school construction purposes must first be 
approved by a majority of voters of the regional school unit voting at an election a 
referendum called by the regional school unit board and held as provided in this chapter 
under section 1486, except as is otherwise provided in this section. 
A.  Each bond or note must have inscribed upon its face the name of the regional 
school unit, the date it was issued, the amount of the bond or note and the annual 
interest rate, payable semiannually. Each bond or note must be in the form and be 
sold in the manner, at public or private sale, as the regional school unit board 
determines in accordance with state law. Bonds may not be sold for less than par. 
B.  Notes or bonds issued by a regional school unit must be signed by the treasurer or 
assistant superintendent and countersigned by the chair of the regional school unit 
board. If coupon bonds are issued, each coupon must be attested by a facsimile 
signature of the treasurer. 
C.  Each issue of bonds must mature in substantially equal annual installments so that 
the first installment is payable not later than 2 years and the last installment not later 
than 25 years after the date of issue. 
Sec. 13.  20-A MRSA §1490, sub-§3, ¶F, as enacted by PL 2007, c. 240, Pt. 
XXXX, §13, is amended to read: 
F.  If the temporary or renewal notes in anticipation of state aid exceed the aggregate 
amount of state aid actually received by the regional school unit, the unexpended 
balance of those notes must be used for the repayment. If an outstanding balance 
remains, it must be included in the next annual budget and is not subject to change at 
the regional school unit budget meeting. 
Sec. 14.  20-A MRSA §1491, sub-§3, as enacted by PL 2007, c. 240, Pt. XXXX, 
§13, is amended to read: 
3.  Expending money from reserve funds.  The regional school unit board may 
expend the sum in the reserve fund when authorized to do so by a vote of the regional 
school unit at a regional school unit meeting budget approval referendum under section 
1486 or a regional school unit special budget meeting under section 1488 when an article 
for that purpose is set out in the warrant calling the special budget meeting or the budget 
approval referendum. 
Sec. 15.  20-A MRSA §15008, sub-§1, as enacted by PL 2009, c. 104, §1, is 
amended to read: 
1.  Establishment and funding.  The voters or other legislative body of a school 
administrative unit may establish a fuel cost stabilization fund and may raise and 
appropriate funds for that purpose in addition to the school operating budget.  A separate 
warrant article for that purpose must be approved at the a special budget meeting and 
under section 1488 or at the a budget validation approval referendum under section 1486.  
If a school administrative unit has discontinued the budget validation referendum process, 
the article must be approved by the voters or other legislative body using the same 
process as for approval of the school budget.  If a school administrative unit has available 
fund balances at the end of a fiscal year, the transfer of those funds to the fuel cost 
stabilization fund may be authorized at a special budget meeting or other meeting of the 
voters or other legislative body.  An article authorizing an appropriation or transfer to the 
fuel cost stabilization fund must be accompanied by a statement that includes the balance 
in the fuel cost stabilization fund before and after the proposed appropriation or transfer, 
the amounts expended from the fund in each of the 2 prior fiscal years and, in the case of 
a transfer, the amount expended from the fund in the current fiscal year. 
Sec. 16.  20-A MRSA §15691-A, sub-§1, as enacted by PL 2007, c. 240, Pt. 
XXXX, §32, is amended to read: 
1.  Presentation of assessment schedule.  The assessment schedule based on the 
budget approved at a regional school unit budget meeting approval referendum under 
section 1486 must be presented to the treasurer of each municipality that is a member of 
the regional school unit.  The assessment schedule must include each member 
municipality's share of the school administrative unit's contribution to the total cost of 
funding public education from kindergarten to grade 12 as described in section 15688 and 
the school administrative unit's contribution to debt service for non-state-funded school 
construction projects and additional local funds for school purposes under section 15690. 
SUMMARY 
This bill makes several changes to the annual budget approval process for regional 
school units.  The bill: 
1.   Changes the annual budget meeting at which the regional school unit’s budget is 
initially adopted by registered district voters to an annual public hearing on the budget at 
which residents of the regional school unit have an opportunity to offer public comments 
but do not vote on the proposed budget; 
2.  Authorizes the regional school unit’s board to make changes to the budget 
presented at the public hearing and to propose the amended budget for approval by voters 
at a referendum in the municipalities comprising the regional school unit; 
3.  Changes the current budget adoption process from a validation vote to an annual 
referendum vote asking voters to accept or reject the budget presented by the board of the 
regional school unit; and 
4.  Amends the process that regional school units must follow when voters reject a 
proposed school budget at referendum.