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Title 5 - §1661. Definition

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1661. Definition

The words "Governor-elect," whenever used in this chapter and chapter 145, shall be held to mean the candidate most recently elected to the office of Governor of the State of Maine in the November election for choice of Governor, or his successor. [1987, c. 402, Pt. A, § 39 (amd).] div>
The words "Fund for a Healthy Maine," whenever used in this chapter, mean the Other Special Revenue account within the Department of Administrative and Financial Services established pursuant to Title 22, section 1511. [2001, c. 559, Pt. AA, §1 (new).]

Section History:
PL 1987,
Ch. 402,
§A39 (AMD).
PL 2001,
Ch. 559,
§AA1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1662. Powers and duties

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1662. Powers and duties

The Department of Administrative and Financial Services, through the Bureau of the Budget, has the duty and authority: [1991, c. 780, Pt. Y, §47 (amd).]

1. State budget document. To prepare and submit to the Governor-elect, or the Governor, biennially, a state budget document in accordance with chapters 141 to 155;

1-A. Federal expenditure budget. 1979, c. 711, Pt. F, §2 (rp).

2. Work program and allotments. To examine and recommend for approval the work program and quarterly allotments of each department and agency of the State Government, before the appropriations or other funds of such department or agency shall become available for expenditure;

3. Changes. To examine and recommend for approval any changes in the work program and quarterly allotments of any department or agency of the State Government during the fiscal year;

4. Review, plans and report. To constantly review the administrative activities of other departments and agencies of the State, study organization and administration, investigate duplication of work and to formulate plans for better and more efficient management, and report periodically to the Governor and on request to the Legislature;

5. Rules. To make rules, subject to the approval of the Commissioner of Administrative and Financial Services, for the carrying out of this chapter and chapter 145; and [1991, c. 780, Pt. Y, §48 (amd).]

6. Necessary data. To require all departments and other agencies in the Executive, Legislative and Judicial Departments of State Government to prepare and submit for review such data, information or records as may be deemed necessary by the State Budget Officer to facilitate the Bureau of the Budget's efforts regarding this section. Copies of these materials shall be made available to the Office of Fiscal and Program Review by the Bureau of the Budget upon request of the Director of Fiscal and Program Review. [1985, c. 737, Pt. B, §8 (amd).]

Section History:
PL 1977,
Ch. 583,
§3 (AMD).
PL 1979,
Ch. 711,
§F2 (AMD).
PL 1985,
Ch. 174,
§J1,J2 (AMD).
PL 1985,
Ch. 737,
§B8 (AMD).
PL 1985,
Ch. 785,
§A57,58 (AMD).
PL 1987,
Ch. 402,
§A40 (AMD).
PL 1991,
Ch. 780,
§Y47,48 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1663. Scope of budget

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1663. Scope of budget

The budget of the State Government shall present a complete financial plan for each fiscal year of the ensuing biennium. It shall set forth all proposed expenditures for the administration, operation and maintenance of the departments and agencies of the State Government; all interest and debt redemption charges during each fiscal year and all expenditures for capital projects to be undertaken and executed during each fiscal year of the biennium. In addition thereto, the state budget shall set forth the anticipated revenues of the State Government and any other additional means of financing expenditures proposed for each fiscal year of the biennium.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1664. Form of budget document

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1664. Form of budget document

The state budget document, setting forth a 4-year financial plan for the State Government for each fiscal year of the ensuing biennium and the following biennium, must be set up in 2 parts, the nature and contents of which must be as follows: [1995, c. 368, Pt. EE, §1 (amd).] div>
Part 1 must consist of a budget message by the Governor-elect or the Governor that outlines the 4-year financial policy of the State Government for the ensuing biennium and the following biennium, describing in connection therewith the important features of the financial plan. It must embrace a general budget summary setting forth the aggregate figures of the budget in such a manner as to show the balanced outlines relations between the total proposed expenditures and the total anticipated revenues together with the other means of financing the budget for each fiscal year of the ensuing biennium, contrasted with the corresponding figures for the last completed fiscal year and the fiscal year in progress. The following biennium financial plan must include the forecasted Highway Fund and General Fund appropriation requirements and projected revenues and other available resources shown in a budget fund flow statement and a comparative statement that presents income source for revenue projections and appropriation estimates by major program categories. The biennium financial plan must include a summary and details of programs funded through the Fund for a Healthy Maine, presenting the allocation requirements and projected revenues and other available resources shown in a budget fund flow statement and a comparative statement that presents income source for revenue projections and allocation estimates by program categories. This forecast must assume the continuation of current laws and include reasonable and predictable estimates of growth in revenues and expenditures based on national and local trends and program operations. Revenue accruing to the General Fund, the Fund for a Healthy Maine and the Highway Fund must be forecasted for the following biennium by income sources as provided in chapter 151-B. Expenditure forecasts for the General Fund, programs funded through the Fund for a Healthy Maine and the Highway Fund must be forecasted on the basis of current law and assumed inflation variables related to program operations. It must specifically describe the estimated loss in revenue during the last completed fiscal year and the fiscal year in progress, and the anticipated loss in revenue for each fiscal year of the ensuing biennium, caused by tax expenditures provided in Maine statutes; the term "tax expenditures" means those state tax revenue losses attributable to provisions of Maine tax laws that allow a special exclusion, exemption or deduction or provide a special credit, a preferential rate of tax or a deferral of tax liability. The general budget summary must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds, and the income by organization units, sources and funds. [2001, c. 559, Pt. AA, §2 (amd).] div>
Part 2 must embrace the detailed budget estimates both of expenditures and revenues as provided. Part 2 must include statements of the bonded indebtedness of the State Government showing the debt redemption requirements, the debt authorized and unissued and the condition of the sinking funds. Part 2 must contain any statements relative to the financial plan which the Governor-elect, or the Governor, may deem desirable, or which may be required by the Legislature, and must contain the analysis and statement required by section 1665, subsections 2 and 5. [1991, c. 376, §19 (amd).] div>
If the Governor submits legislation setting forth appropriations or allocations for the Judicial Department that differ from the full budget request submitted by the Judicial Department under Title 4, section 24, the Governor shall simultaneously submit a report to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and judiciary matters explaining why the Governor's budget legislation differs from the Judicial Department's budget submission. [1993, c. 675, Pt. C, §11 (new).] div>
If the Governor submits legislation setting forth appropriations or allocations for the Office of Program Evaluation and Government Accountability that differ from the budget request presented by the Legislative Council on behalf of that office, the Governor shall simultaneously submit a report to the Legislative Council and the Office of Program Evaluation and Government Accountability explaining why the Governor's budget legislation differs from the Legislative Council's budget request. [2001, c. 702, §4 (new).] div>
The Governor, when submitting the budget to the Legislature, shall submit the budget document and the budget bills in a manner that identifies positions authorized by the Legislature for less than 52 weeks in a fiscal year as "Positions - Full-time Equivalent," or FTE, and positions authorized by the Legislature for 52 weeks in a fiscal year as "Positions - Legislative Count" for all funds. The State Budget Officer shall implement and administer procedures to ensure sufficient FTE and appropriation or allocation control for positions authorized by the Legislature for less than 52 weeks in a fiscal year. [1995, c. 502, Pt. G, §1 (new).] div>
The total General Fund appropriation for each fiscal year of the biennium in the Governor's budget submission to the Legislature may not exceed the General Fund appropriation limitation established in section 1534. [2005, c. 2, Pt. A, §6 (amd); §14 (aff).]

Section History:
PL 1973,
Ch. 744,
§ (AMD).
PL 1975,
Ch. 515,
§ (AMD).
PL 1981,
Ch. 271,
§ (AMD).
PL 1981,
Ch. 444,
§1 (AMD).
PL 1981,
Ch. 702,
§N (AMD).
PL 1983,
Ch. 526,
§1 (AMD).
PL 1987,
Ch. 735,
§9 (AMD).
PL 1989,
Ch. 439,
§2,8 (AMD).
PL 1989,
Ch. 501,
§P12 (AMD).
PL 1989,
Ch. 934,
§C1 (AMD).
PL 1991,
Ch. 376,
§19 (AMD).
PL 1993,
Ch. 410,
§C3,4 (AMD).
PL 1993,
Ch. 675,
§C11 (AMD).
PL 1995,
Ch. 368,
§EE1,2 (AMD).
PL 1995,
Ch. 502,
§G1 (AMD).
PL 1995,
Ch. 665,
§S1 (AMD).
PL 1997,
Ch. 655,
§1 (AMD).
PL 2001,
Ch. 559,
§AA2 (AMD).
PL 2001,
Ch. 702,
§4 (AMD).
PL 2003,
Ch. 451,
§X8 (AMD).
PL 2005,
Ch. 2,
§A14 (AFF).
PL 2005,
Ch. 2,
§A6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1665. Budget estimates

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1665. Budget estimates

1. Expenditure and appropriation requirements. On or before September 1st of the even-numbered years, all departments and other agencies of the State Government and corporations and associations receiving or desiring to receive state funds under the provisions of law shall prepare, in the manner prescribed by and on blanks furnished them by the State Budget Officer, and submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium contrasted with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The total General Fund appropriation requests submitted by each department and agency for each fiscal year may not exceed the General Fund appropriation of the previous fiscal year multiplied by one plus the average real personal income growth rate or 2.75%, whichever is less. For purposes of this subsection, "average real personal income growth rate" means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in personal income in this State for a calendar year, as estimated by the United States Department of Commerce, Bureau of Economic Analysis, less the percent change in the Consumer Price Index for that calendar year. For purposes of this subsection, "Consumer Price Index" has the same meaning as in Title 36, section 5402, subsection 1. The expenditure estimates must be classified to set forth the data by funds, organization units, character and objects of expenditure. The organization units may be subclassified by functions and activities, or in any other manner, at the discretion of the State Budget Officer. All departments and other agencies receiving or desiring to receive state funds from the Highway Fund shall submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium that do not exceed the Highway Fund appropriation of the previous fiscal year multiplied by one plus the average real personal income growth rate or 2.75%, whichever is less. The Highway Fund highway and bridge improvement accounts are exempt from this spending limitation. [2005, c. 2, Pt. A, §7 (amd); §14 (aff).]

2. Inclusion in estimate. In preparing budget estimates pursuant to this section, the Department of Health and Human Services and the Department of Corrections shall include in their proposed current services budget estimates:

A. The amount necessary to cover projected increases in costs attributable to contracted social services that will be continued at current levels, based on the United States Consumer Price Index established by the United States Department of Labor, Bureau of Labor Statistics; or [RR 1991, c. 2, §9 (cor).]

B. A statement identifying the specific services that will be eliminated or reduced in the event that funds are not budgeted to continue all contracted social services at current levels. The statement must indicate which categories of clients and geographic areas will be affected. [RR 1991, c. 2, §9 (cor).]

The analysis and statement required by this subsection must be included in the state budget document pursuant to section 1664. [RR 2003, c. 2, §6 (cor).]

3. Revenue estimates. The State Budget Officer shall use the revenue projections recommended by the Revenue Forecasting Committee in setting revenue estimates for inclusion in the budget. The revenue estimates must be classified so as to show the income by organization units, sources and funds, or in any other manner, at the discretion of the State Budget Officer. [1997, c. 655, §2 (amd).]

4. Additional data. Upon receipt of the budget estimates submitted in accordance with this section, the State Budget Officer may require the heads of departments and other agencies of the State Government and officers of organizations and associations receiving or desiring to receive state funds under the provisions of law to appear before said officer and present such additional data in support of their budget estimates as said officer may deem necessary. [1989, c. 501, Pt. P, §13 (new).]

5. Maine Community College System; public improvements budgetary estimate. In accordance with Title 20-A, section 12706, subsection 4-A, the Board of Trustees of the Maine Community College System shall submit a prioritized public improvements budget estimate to the State Budget Officer in the manner prescribed in subsection 1. This budgetary estimate must be separate from any prioritized public improvements budget developed by the Bureau of Public Improvements for the departments and agencies of State Government. This estimate must be prepared by project title in descending order of priority including for each project the total amount of the request, the accumulative total request and the type of capital improvement. [1991, c. 376, §20 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

6. Fiscal impact statements. Fiscal impact statements prepared by departments or agencies at the request of the State Budget Officer in response to legislative documents must include revenue and expenditure forecasts for each fiscal year of the current fiscal biennium and the following fiscal biennium in a form and method prescribed by the State Budget Officer. [1995, c. 368, Pt. EE, §3 (new).]

7. General Fund and Highway Fund revenue and expenditure forecasts. By September 30th of each even-numbered year, the State Budget Officer shall prepare and deliver a report to the Governor, the Legislature and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs containing a forecast of revenue and expenditures for the following biennium. The forecast must assume the continuation of current laws and include reasonable and predictable estimates of growth in revenues and expenditures based on national and local trends and program operations. General Fund and Highway Fund revenue must be forecasted by income source as provided in chapter 151-B. Expenditure forecasts for the General Fund and the Highway Fund must be forecasted on the basis of current law and assumed inflation variables related to program operations. The forecast for the General Fund and the Highway Fund must be presented in a budget fund flow statement and a comparative statement showing each income source for revenue projections and expenditure estimates for each major program category. [1999, c. 127, Pt. A, §6 (rpr); §7 (aff).]

Section History:
PL 1989,
Ch. 501,
§P13 (RPR).
PL 1991,
Ch. 376,
§20 (AMD).
RR 1991,
Ch. 2,
§9 (COR).
PL 1995,
Ch. 368,
§EE3 (AMD).
PL 1995,
Ch. 560,
§K82 (AMD).
PL 1995,
Ch. 560,
§K83 (AFF).
PL 1995,
Ch. 665,
§S2 (AMD).
PL 1997,
Ch. 643,
§E3 (AMD).
PL 1997,
Ch. 655,
§2,3 (AMD).
PL 1999,
Ch. 127,
§A6 (AMD).
PL 1999,
Ch. 127,
§A7 (AFF).
PL 2001,
Ch. 354,
§3 (AMD).
PL 2003,
Ch. 20,
§OO2 (AMD).
PL 2003,
Ch. 20,
§OO4 (AFF).
PL 2003,
Ch. 451,
§X9 (AMD).
RR 2003,
Ch. 2,
§6 (COR).
PL 2005,
Ch. 2,
§A14 (AFF).
PL 2005,
Ch. 2,
§A7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1666-A. Enactment of budget

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1666-A. Enactment of budget

The Legislature shall review a biennial or supplemental budget submitted to it in accordance with this chapter and enact a budget no later than 30 days prior to the date of adjournment prescribed in Title 3, section 2, except that, during the first year in office of a Governor-elect, the Legislature shall enact a budget no later than the first Friday in June. [1995, c. 113, §1 (new).]

Section History:
PL 1995,
Ch. 113,
§1 (NEW).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1666. Review and revision of estimates

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1666. Review and revision of estimates

The Governor-elect or the Governor, with the assistance of the State Budget Officer, shall review the budget estimates, altering, revising, increasing or decreasing the items of the estimates as may be determined necessary in view of the needs of the various departments and agencies and the total anticipated income of the State Government during the ensuing biennium. This review must cover all budgets regardless of source of funds, including, but not limited to, budgets related to the Highway Fund, the Federal Revenue Sharing Fund and other special revenue funds. The State Budget Officer, at the direction of the Governor-elect or the Governor shall then prepare a state budget document in the form required by law. The Governor-elect or the Governor is fully responsible for all budgetary recommendations made to the Legislature. The Governor shall transmit the budget document to the Legislature not later than the Friday following the first Monday in January of the first regular legislative session. At that time the Governor shall also transmit any biennial budget bills that authorize appropriations or allocations in the upcoming biennium that the Governor may wish to propose as well as any emergency bills that authorize additional appropriations or allocations in the current fiscal year that the Governor may wish to propose. A Governor-elect elected to a first term of office shall transmit the budget document to the Legislature not later than the Friday following the first Monday in February of the first regular legislative session. At that time the Governor-elect shall also transmit any biennial budget bills that authorize appropriations or allocations in the upcoming biennium that the Governor may wish to propose as well as any emergency bills that authorize additional appropriations or allocations in the current fiscal year that the Governor may wish to propose. [1993, c. 707, Pt. R, §1 (amd).] div>
The Governor, when submitting the budget to the Legislature, shall submit the budget document and the General Fund and Highway Fund bills in a manner that identifies the gross amount of resources for each program. The gross unified budget bills and budget document encompass resources from the General Fund, Highway Fund, Federal Expenditures Fund, Federal Block Grant Fund, Other Special Revenue Funds, internal service funds and enterprise funds. Separate gross unified budget bills must be submitted for the General Fund and the Highway Fund. All funds except trust and agency funds, bond funds and costs of goods sold expenditures in internal service funds and enterprise funds are subject to legislative allocation. All programs with Highway Fund allocations and all internal service funds, enterprise funds and Other Special Revenue Funds accounts of the Department of Transportation are subject to legislative allocations and are presented for informational purposes only in the General Fund budget bills unless a separate Highway Fund budget is not enacted. [2005, c. 457, Pt. GGG, §1 (amd).] div>
A biennial budget bill transmitted by the Governor or Governor-elect must include a part that asks the Legislature whether it wishes to continue funding each individual tax expenditure, as defined in section 1664, provided in the statutes. The part must include for each tax expenditure a statutory section reference, a brief description of each tax expenditure and the loss of revenue estimated to be incurred by funding source and fiscal year. This paragraph applies with respect to the preparation of the budget document and biennial budget bills for the 1998-1999 biennium and thereafter. [1995, c. 464, §14 (new).]

Section History:
PL 1973,
Ch. 732,
§ (RPR).
PL 1981,
Ch. 316,
§G (AMD).
PL 1987,
Ch. 735,
§10 (AMD).
PL 1989,
Ch. 7,
§O1 (AMD).
PL 1989,
Ch. 934,
§C2 (AMD).
PL 1993,
Ch. 707,
§R1 (AMD).
PL 1995,
Ch. 464,
§14 (AMD).
PL 2005,
Ch. 12,
§T6 (AMD).
PL 2005,
Ch. 386,
§D1 (AMD).
PL 2005,
Ch. 457,
§GGG1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1667-A. Access to budget management system data

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1667-A. Access to budget management system data

Notwithstanding any other provision of law, the State Budget Officer shall provide the Office of Fiscal and Program Review with electronic access, including report-writing capabilities, to those aspects of the budget management system presently referred to as the "budget analyst tool," except for those specific aspects of the system involved in budget recommendations that have been made or are being considered by the Governor or Governor-elect but have not yet been transmitted to the Legislature. For purposes of this section, "budget management system" and "budget analyst tool" include information used by the Bureau of the Budget to develop, analyze and review budgeted and actual revenue and expenditure information. [1995, c. 41, §1 (new).] div>
Notwithstanding any other provision of law, the Legislative Council shall provide the Bureau of the Budget, upon the bureau's request, with enacted budget bills in a data processing form that permits the electronic conversion of data to the budget management system. [1995, c. 41, §1 (new).]

Section History:
PL 1995,
Ch. 41,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1667-B. Allotment in excess of legislatively authorized allocations

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1667-B. Allotment in excess of legislatively authorized allocations

Allotments in Other Special Revenue funds accounts, internal service fund accounts and enterprise funds, except the State Lottery Fund and the Dirigo Health Enterprise Fund, may exceed current year allocations and the unused balance of allocations authorized to carry forward by law under the following conditions, except that funds in Other Special Revenue funds accounts, internal service fund accounts and enterprise funds must be expended in accordance with the statutes that establish the accounts and for no other purpose: [2005, c. 386, Pt. D, §2 (amd).]

1. Sufficient cash. Sufficient cash is available from the Other Special Revenue funds accounts, the internal service fund accounts or the unencumbered balance authorized to carry forward by law; [2005, c. 12, Pt. T, §7 (new).]

2. Recommendation and approval. Allotment of the funds under subsection 1 is recommended by the State Budget Officer and approved by the Governor by financial order as an allotment increase in the annual work program; [2005, c. 12, Pt. T, §7 (new).]

3. Legislative review. Allotment of the funds under subsection 1 is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs; [2005, c. 12, Pt. T, §7 (new).]

4. 30-day wait. Allotment of the funds under subsection 1 does not take effect until 30 days after the approval by the Governor; and [2005, c. 12, Pt. T, §7 (new).]

5. Collective bargaining; detrimental effect. Either one of the following:

A. Allotment of the funds under subsection 1 is required to provide for the costs of approved collective bargaining agreements; or [2005, c. 12, Pt. T, §7 (new).]

B. Failure to allot the funds under subsection 1 could have a significant detrimental impact on current programs. [2005, c. 12, Pt. T, §7 (new).]

[2005, c. 12, Pt. T, §7 (new).]
div>
In case of extraordinary emergency situations, the requirements of subsection 4 may be waived by vote of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. [2005, c. 12, Pt. T, §7 (new).]

Section History:
PL 2005,
Ch. 12,
§T7 (NEW).
PL 2005,
Ch. 386,
§D2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1667. Work program and allotments

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1667. Work program and allotments

Not later than June 1st of each year, the Governor shall require the head of each department and agency of the State Government to submit to the Bureau of the Budget a work program for the ensuing fiscal year. Such work program shall include all appropriations, revenues, transfers and other funds, made available to said department or agency for its operation and maintenance and for the acquisition of property, and it shall show the requested allotments of said sums by quarters for the entire fiscal year, classified to show allotments requested for specific amounts for personal services, capital expenditures and amounts for all other departmental expenses. The Department of Health and Human Services shall further break down its budget to include institutional food expenditures. Funds not expended for this budget item may not be transferred between line categories. The Governor, with the assistance of the State Budget Officer, shall review the requested allotments with respect to the work program of each department or agency and shall, if the Governor determines it necessary, revise, alter or change such allotments before approving the same. The Governor may authorize the State Budget Officer to approve quarterly allotments not to exceed $45,000 in any account. The aggregate of such allotments may not exceed the total sums made available to said department or agency for the fiscal year in question. The State Budget Officer shall transmit a copy of the allotments as approved by the Governor to the head of the department or agency concerned and also a copy to the State Controller. The State Controller shall thereupon authorize all expenditures to be made from the sums available on the basis of such allotments and not otherwise. [2001, c. 213, §1 (amd); c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).] div>
The head of any department or agency of the State Government, whenever he shall deem it necessary by reason of changed conditions, may revise the work program of his department or agency at the beginning of any quarter during the fiscal year, and submit such revised program to the Bureau of the Budget with his request for a revision of the allotments of the remaining quarters of that fiscal year. If, upon such re-examination of the work program, the State Budget Officer, with the approval of the Governor, shall decide to grant the request for the revision of the allotments, the same procedure, so far as it relates to review, approval and control shall be followed as in the making of the original allotments. [1975, c. 771, §76 (amd).]

Section History:
PL 1973,
Ch. 745,
§ (AMD).
PL 1975,
Ch. 771,
§75-77 (AMD).
PL 1977,
Ch. 712,
§F1 (AMD).
PL 1981,
Ch. 316,
§I (AMD).
PL 1995,
Ch. 560,
§K82 (AMD).
PL 1995,
Ch. 560,
§K83 (AFF).
PL 2001,
Ch. 213,
§1 (AMD).
PL 2001,
Ch. 354,
§3 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1668. Temporary curtailment of allotments

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1668. Temporary curtailment of allotments

Whenever it appears to the Commissioner of Administrative and Financial Services that the anticipated income and other available funds of the State will not be sufficient to meet the expenditures authorized by the Legislature, the commissioner shall so report in writing to the Governor, and shall send a copy of the report to the President of the Senate and the Speaker of the House and the majority and minority leaders of the Senate and House. After receiving the report, the Governor may temporarily curtail allotments equitably so that expenditures will not exceed the anticipated income and other available funds. No allotment may be terminated pursuant to this section. Any curtailment of allotments must, insofar as practicable, be made consistent with the intent of the Legislature in authorizing these expenditures. [1991, c. 780, Pt. Y, §49 (amd).] div>
The Governor shall immediately upon the curtailment of any allotment, notify the President of the Senate and the Speaker of the House and the majority and minority leaders of the Senate and House of the specific allotments curtailed, the extent of curtailment of each allotment and the effect of each curtailment on the objects and purposes of the program so affected. [1975, c. 771, §77-A (new).]

Section History:
PL 1975,
Ch. 771,
§77-A (NEW).
PL 1985,
Ch. 785,
§A59 (AMD).
PL 1991,
Ch. 780,
§Y49 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1669-A. Block grants (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1669-A. Block grants (REPEALED)

Section History:
PL 1995,
Ch. 707,
§C1 (NEW).
PL 1995,
Ch. 707,
§C2 (AFF).
PL 2001,
Ch. 213,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1669. Federal funds

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1669. Federal funds

A state department or agency may not make expenditures of any federal funds or expenditures in anticipation of receipt of federal funds for any new or expanded programs in the Federal Expenditures Fund or federal block grant funds, unless such federal funds are approved by the Legislature. The expenditure of such federal funds may be authorized for a period not to exceed 12 calendar months in accordance with sections 1585 and 1667. [2001, c. 213, §2 (amd).] div>
All departments and agencies that receive federal funds from the Federal Expenditures Fund or federal block grant funds shall, within 10 working days of receipt of any official notification from the Federal Government concerning the potential or actual increase or reduction in present funding, submit a copy of that notification to the Director of the Office of Fiscal and Program Review. In addition, departments and agencies shall, within 25 working days of that notification, submit in writing to the Director of the Office of Fiscal and Program Review their proposed plan of action to address the notification that may include an appeal or an outline of the options that will be examined in detail and a time frame for the examination. [2001, c. 213, §2 (amd).]

Section History:
PL 1979,
Ch. 711,
§F3 (NEW).
PL 1983,
Ch. 824,
§L (AMD).
PL 1985,
Ch. 737,
§B9 (AMD).
PL 1989,
Ch. 7,
§O2 (AMD).
PL 2001,
Ch. 213,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1670. Notification procedure for new federal mandates

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1670. Notification procedure for new federal mandates

Every agency and department of the State shall submit to the State Budget Officer a list of any new laws, new regulations or other actions that may require the State to comply with any new federal mandate in the current biennium or the next biennium. [1995, c. 591, §1 (new).] div>
Each item listed must include how the mandate is funded, the required implementation date, the citations or rulings authorizing the mandate and a brief description of the intended purpose of the mandate. [1995, c. 591, §1 (new).] div>
On or before January 1st of each year, the State Budget Officer shall compile a complete list of new federal mandates and distribute it to each member of the Legislature and to the Director of the Office of Fiscal and Program Review. [1995, c. 591, §1 (new).]

1. Procedure for changes. [1995, c. 591, §1 (rp).]

2. Allocation. [1995, c. 591, §1 (rp).]

3. Reductions. [1995, c. 591, §1 (rp).]

4. Budget approval. All budget recommendations pertaining to federal block grants must be submitted as part of the unified current services budget legislation in accordance with sections 1663 to 1666. [1997, c. 424, Pt. B, §1 (new).]

Section History:
PL 1981,
Ch. 316,
§K (NEW).
PL 1981,
Ch. 534,
§D (RPR).
PL 1995,
Ch. 591,
§1 (RPR).
PL 1997,
Ch. 424,
§B1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1671. Federal grants from settlements

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1671. Federal grants from settlements

1. Application. This section shall apply to federal grants that are the result of class action or other litigation that involves the citizens of the State. [1983, c. 261, Â§ 1 (new).]

2. Allocation. No expenditure may be made from any such grants unless allocation of the funds is recommended by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and approved by the Legislature. [1983, c. 261, Â§ 1 (new).]p align="center">font color="#AA0000">Title 5, Â§ 1671, as enacted by PL 1983, c. 477, Pt. E, Sub-pt. 19, is reallocated to Title 5, Â§ 1672.

Section History:
PL 1983,
Ch. 261,
§1 (NEW).
PL 1983,
Ch. 477,
§E,19 (NEW).
PL 1983,
Ch. 583,
§3 (RAL).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1672. Dedicated revenue accounts (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1672. Dedicated revenue accounts (REPEALED)

Section History:
PL 1983,
Ch. 477,
§E19 (NEW).
PL 1983,
Ch. 583,
§3 (RAL).
PL 1983,
Ch. 824,
§N1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1673. Allocation bills

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1673. Allocation bills

All allocation bills shall be submitted in the same manner as required for the General Fund in section 1581 and shall be subject to the transfer provisions of section 1585. [1983, c. 824, Pt. N, § 2 (new).]

Section History:
PL 1983,
Ch. 824,
§N2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1674. Departmental indirect cost allocation proposal

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1674. Departmental indirect cost allocation proposal

Each department or agency of State Government that is authorized to expend more than $25,000 on a single project in any fiscal year on the construction, repair or improvement of state-owned real property shall prepare and submit a departmental indirect cost allocation proposal to the Commissioner of Administrative and Financial Services prior to that expenditure. These proposals must be on file in the Department of Administrative and Financial Services. [1991, c. 780, Pt. Y, §50 (amd).] div>
The commissioner may promulgate rules necessary to carry out this section. [1985, c. 195, §§1,2 (new).]

Section History:
PL 1985,
Ch. 195,
§1,2 (NEW).
PL 1985,
Ch. 785,
§A60 (AMD).
PL 1991,
Ch. 780,
§Y50 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1675. Acceptance of funds for alternative-fueled vehicles program

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1675. Acceptance of funds for alternative-fueled vehicles program

An agency or agencies of the State designated by the Governor to establish an alternative-fueled vehicle demonstration program under the National Energy Policy Act of 1992, Public Law 102-486, Section 409 may accept funds to implement that program from the Federal Government or from any person. [1993, c. 466, §1 (new).]

Section History:
PL 1993,
Ch. 466,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1676-A. Transfer from Highway Fund Salary Plan

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1676-A. Transfer from Highway Fund Salary Plan

Notwithstanding section 1585, available balances in the Highway Fund Salary Plan program in the Department of Administrative and Financial Services that are no longer required for the purposes for which they were allocated may be made available by financial order upon the recommendation of the State Budget Officer and approval of the Governor to be used to meet the fixed obligation of the Highway Fund for the unfunded actuarial liability in each fiscal year. Any other available balances in the Highway Fund Salary Plan may only be used or made available in accordance with legislative authorization. [2001, c. 219, §2 (amd).]

Section History:
PL 1997,
Ch. 25,
§M1 (NEW).
PL 2001,
Ch. 219,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1676. Transfer from salary plan

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1676. Transfer from salary plan

Notwithstanding section 1585, available balances in the General Fund Salary Plan program in the Department of Administrative and Financial Services that are no longer required for the purposes for which they were appropriated may be made available by financial order upon the recommendation of the State Budget Officer and approval of the Governor to be used to meet the fixed obligation of the General Fund for the unfunded actuarial liability in each fiscal year. Any other available balances in the General Fund Salary Plan may only be used or made available in accordance with legislative authorization. [2001, c. 219, §1 (amd).]

Section History:
PL 1997,
Ch. 24,
§EE1 (NEW).
PL 2001,
Ch. 219,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §1677. Municipal Budget Analysis Committee; established; membership

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 149: BUDGET

§1677. Municipal Budget Analysis Committee; established; membership

There is established the Municipal Budget Analysis Committee, referred to in this section as "the committee," for the purpose of providing the Governor and the Legislature with an analysis of the effectiveness of increased state support for education services in reducing the local property tax commitment required to fund the cost of the essential programs and services described in Title 20-A, section 15671. [2003, c. 712, §1 (new).]

1. Membership; chair. The committee is composed of the following members:

A. The Director of the State Planning Office or the director's designee; [2003, c. 712, §1 (new).]

B. The Commissioner of Education or the commissioner's designee; [2003, c. 712, §1 (new).]

C. The State Budget Officer or the State Budget Officer's designee; [2003, c. 712, §1 (new).]

D. The Director of the Bureau of Revenue Services within the Department of Administrative and Financial Services or the director's designee; [2003, c. 712, §1 (new).]

E. A representative of a statewide organization that represents the interests of municipal governments, appointed by the Governor; and [2003, c. 712, §1 (new).]

F. A representative of a statewide organization that represents the interests of public school educators, appointed by the Governor. [2003, c. 712, §1 (new).]

The Governor shall appoint one of the members to serve as chair. [2003, c. 712, §1 (new).]

2. Determination of effectiveness of increased state support for public education in reducing property tax. Beginning in fiscal year 2006-07 and ending in fiscal year 2009-10, the committee shall meet annually on or about June 15th and, in coordination with the development of budget estimates pursuant to section 1665, determine whether the state share percentage of the total costs of essential programs and services described in Title 20-A, section 15671, subsection 7 was met in the prior fiscal year and to determine whether this level of state funding resulted in a reduction of the related local property tax commitment required to fund the costs of essential programs and services described in Title 20-A, section 15671 in the prior fiscal year. The committee's determination must be based on consideration of the following information developed by the Department of Education regarding each municipality and the statewide aggregate for the prior fiscal year:

A. The total state and municipal spending for public education services for kindergarten to grade 12; [2003, c. 712, §1 (new).]

B. The total costs of the essential programs and services described in Title 20-A, section 15671; [2003, c. 712, §1 (new).]

C. The total state appropriation for public education services for kindergarten to grade 12; and [2003, c. 712, §1 (new).]

D. The total local property tax commitment to support the provision of public education services for kindergarten to grade 12, municipal services and the local share of the county budget apportioned pursuant to Title 30-A, section 706. [2003, c. 712, §1 (new).]

[2003, c. 712, §1 (new).]

3. Benchmarks and projected performance indicators. In addition to the considerations set forth in subsection 2, paragraphs A to D, the committee's determination under subsection 2 must be based on consideration of the following benchmarks and projected performance indicators for the specified state fiscal years.

A. For fiscal year 2006-07:

(1) The benchmark for the state share of the total cost of the essential programs and services described in Title 20-A, section 15671 is 48.0%; and

(2) The projected performance indicator for the related reduction in local property tax commitment to fund the cost of the essential programs and services described in Title 20-A, section 15671 is a local property tax commitment that is less than the local property tax commitment made in fiscal year 2005-06.
[2003, c. 712, §1 (new).]

B. For fiscal year 2007-08:

(1) The benchmark for the state share of the total cost of the essential programs and services described in Title 20-A, section 15671 is 50.0%; and

(2) The projected performance indicator for the related reduction in local property tax commitment to fund the cost of the essential programs and services described in Title 20-A, section 15671 is a local property tax commitment that is less than the local property tax commitment made in fiscal year 2006-07.
[2003, c. 712, §1 (new).]

C. For fiscal year 2008-09:

(1) The benchmark for the state share of the total cost of the essential programs and services described in Title 20-A, section 15671 is 52.5%; and

(2) The projected performance indicator for the related reduction in local property tax commitment to fund the cost of the essential programs and services described in Title 20-A, section 15671 is a local property tax commitment that is less than the local property tax commitment made in fiscal year 2007-08.
[2003, c. 712, §1 (new).]

D. For fiscal year 2009-10:

(1) The benchmark for the state share of the total cost of the essential programs and services described in Title 20-A, section 15671 is 55.0%; and

(2) The projected performance indicator for the related reduction in local property tax commitment to fund the cost of the essential programs and services described in Title 20-A, section 15671 is a local property tax commitment that is less than the local property tax commitment made in fiscal year 2008-09.
[2003, c. 712, §1 (new).]

[2003, c. 712, §1 (new).]

4. Annual report. The committee shall provide an annual report to the Governor and to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over education and cultural affairs and the joint standing committee of the Legislature having jurisdiction over taxation matters no later than September 1st in each of the fiscal years in which it meets pursuant to subsection 2. The committee's annual report must include the following:

A. The information developed by the Department of Education in accordance with subsection 2; [2003, c. 712, §1 (new).]

B. A progress report of the actions of state and local officials in accomplishing the benchmarks and projected performance indicators specified in subsection 3; [2003, c. 712, §1 (new).]

C. Analyses of and findings with respect to the relevant factors, including any extenuating or exceptional circumstances, that contributed to the accomplishment or failure to accomplish the benchmarks and projected performance indicators specified in subsection 3 by state and local officials; and [2003, c. 712, §1 (new).]

D. Recommendations, including any recommended changes in law, related to the considerations described in subsection 2, paragraphs A to D and the benchmarks and projected performance indicators described in subsection 3. [2003, c. 712, §1 (new).]

[2003, c. 712, §1 (new).]

Section History:
PL 2003,
Ch. 712,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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