An Act To Clarify the School Budget Development Process in Certain Charter Municipalities
Maine Legislature, Session 126, LD 1635
Committee: Education and Cultural Affairs
Sponsors: GRATWICK, PRIEST, BOYLE, CRAVEN, GERZOFSKY, HASKELL, PATRICK, GRAHAM, THERIAULT
Amends: 20-A MRSA §2307

Legislative Document 
No. 1635 
S.P. 626 
In Senate, December 23, 2013 
An Act To Clarify the School Budget Development Process in 
Certain Charter Municipalities 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GRATWICK of Penobscot. 
Cosponsored by Representative PRIEST of Brunswick and 
Senators: BOYLE of Cumberland, CRAVEN of Androscoggin, GERZOFSKY of Cumberland, 
HASKELL of Cumberland, PATRICK of Oxford, Representatives: GRAHAM of North 
Yarmouth, MacDONALD of Boothbay, THERIAULT of Madawaska. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the school district reorganization law enacted in 2007 established a 
uniform school budget validation referendum process for state-approved units of school 
administration; and 
Whereas, the new budget process also requires a school administrative unit of a 
single municipality to integrate the referenda procedures with any school budget adoption 
procedures that may have been previously established in that municipality's charter; and 
Whereas, the law governing that integration has been interpreted to preempt 
procedures established in a municipal charter that are merely procedural in nature and 
allow for a duly elected municipal council to be involved in the development of a school 
budget that is ultimately recommended to the legislative body; and 
Whereas, clarifying legislation is immediately necessary to allow for procedures 
established by municipal charter to be made effective during the development of the 
2014-15 school budget; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2307, sub-§1, as enacted by PL 2007, c. 668, §28 and 
affected by §55, is amended to read: 
1.  Budget meeting.  In charter municipalities the budget meeting required by section 
1485, subsection 3 must be a meeting of the municipal council or other municipal 
legislative body established by the charter with authority to approve the budget. For 
budgets developed for a municipal school unit after January 1, 2014, this subsection does 
not preclude school budget development, review or recommendation procedures 
established in a municipal charter that occur prior to and in preparation for the budget 
meeting of the municipal council or other municipal legislative body. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
The school district reorganization law enacted in 2007 established a uniform school 
budget validation referendum process for state-approved units of school administration 
composed of 2 or more member municipalities. The new budget process requires that a 
state-approved unit of school administration composed of a single municipality must also 
integrate the referenda procedures with any school budget adoption procedures that may 
have been previously established in a municipal charter. This emergency bill clarifies in 
time for budgets developed after January 1, 2014 that the statute integrating the budget 
adoption law for municipal school units with municipal charters does not preempt 
municipal charter provisions that establish school budget development, review and 
recommendation procedures that occur prior to the meeting held by the municipal 
legislative body to vote on the school budget.