Sec. WW-1. 20-A MRSA §1305-A, sub-§1, ¶B, as enacted by PL 1999, c. 710, §5, is amended to read:
B. Revenue sources:
(1) Foundation allocation Total education costs appropriated pursuant to section 15690, subsection 1;
(2) Debt Non-state-funded debt service allocation costs approved pursuant to section 15690, subsection 2, if any; and
(3) Additional local funds, if any, approved pursuant to section 15690, subsection 3, paragraph A or B;
Sec. WW-2. 20-A MRSA §1701-A, sub-§1, ¶B, as enacted by PL 1999, c. 710, §11, is amended to read:
B. Revenue sources:
(1) Foundation allocation Total education costs appropriated pursuant to section 15690, subsection 1;
(2) Debt Non-state-funded debt service allocation costs approved pursuant to section 15690, subsection 2, if any; and
(3) Additional local funds, if any, approved pursuant to section 15690, subsection 3, paragraph A or B;
Sec. WW-3. 20-A MRSA §15671-A, sub-§5, ¶B, as enacted by PL 2005, c. 2, Pt. D, §35 and affected by §§72 and 73, is amended to read:
B. In a municipality where the responsibility for final adoption of the school budget is vested by the municipal charter in a council, this paragraph applies, except that the petition and referendum provisions apply only if the municipal charter does not otherwise provide for or prohibit a petition and referendum process with respect to the matters described in this paragraph.
(1) A majority of the entire membership of the school board or committee must approve the additional amount in a regular budget meeting.
(2) An article approving the additional amount must conform to the requirements of section 15690, subsection 3, paragraph B and be approved by a majority of the entire membership of the council in a vote taken in accordance with section 15690, subsection 5 or, if the council votes not to approve the article, by a majority of voters voting in a referendum called pursuant to subparagraph (4).
(3) If an article is approved by the council pursuant to subparagraph (2), the voters may petition for a referendum vote on the same article in accordance with subparagraph (4). If a petition is filed in accordance with subparagraph (4), the vote of the council is suspended pending the outcome of the referendum vote. Upon approval of the article by a majority of the voters voting in that referendum, the article takes effect. If the article is not approved by a majority of the voters voting in that referendum, the article does not take effect. Subsequent to the vote, the school committee or board may again propose an additional amount, subject to the requirements of this section.
(4) If a written petition, signed by at least 10% of the number of voters voting in the last gubernatorial election in the municipality, requesting a vote on the additional amount is submitted to the municipal officers within 30 days of the council's vote pursuant to subparagraph (2), the article voted on by the council must be submitted to the legal voters in the next regular election or a special election called for the purpose. The election must be held within 45 days of the submission of the petition. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters and absentee ballots must be prepared and made available at least 14 days prior to the date of the referendum. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the municipal officers and entered upon the municipal records.
Sec. WW-4. 20-A MRSA §15672, sub-§30-A, ¶A, as enacted by PL 2005, c. 2, Pt. D, §36 and affected by §§72 and 73, is amended to read:
A. The salary and benefit costs of certified professionals, assistants and aides or costs of persons contracted to perform a special education service;
Sec. WW-5. 20-A MRSA §15690, sub-§1, ¶¶A and B, as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 73, are amended to read:
A. For a municipal school unit, an article in substantially the following form must be used when a single municipal school administrative unit is considering the appropriation of an amount up to its required contribution to the total cost of education as described in section 15688.
(1) "Article.....: To see what sum the municipality will appropriate for the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act (Recommend $......) and to see what sum the municipality will raise as the municipality's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that a municipality must raise in order to receive the full amount of state dollars."
B. For a school administrative district or a community school district, an article in substantially the following form must be used when the school administrative district or community school district is considering the appropriation of an amount up to its required contribution to the total cost of education as described in section 15688.
(1) "Article ....: To see what sum each municipality the district will appropriate for the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and to see what sum each municipality the district will raise and assess as each municipality's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688 (Recommends Recommend amount set forth below):
Total |
|
Town A ($amount) |
Town A ($amount) |
Town B ($amount) |
Town B ($amount) |
Town C ($amount) |
Town C ($amount) |
School District Total Appropriated ($sum of above) |
School District Total Raised ($sum of above)" |
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that each municipality the district must raise and assess in order to receive the full amount of state dollars."
Sec. WW-6. 20-A MRSA §15690, sub-§2, as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 73, is amended to read:
2. Non-state-funded debt service. For
eacha school administrative unit'scontribution to debt serviceindebtedness previously approved by its legislative body for non-state-funded major capital school construction projects or non-state-funded portions of major capital school construction projects and minor capital projects, the legislative body of each school administrative unit may vote to raise and appropriate an amount up to the municipality's or district's annual payments for non-state-funded debt service.
A. An article in substantially the following form must be used when a school administrative unit is considering the appropriation for debt service allocation for non-state-funded school construction projects or non-state-funded portions of school construction projects and minor capital projects.
(1) "Article ....: To see what sum the (municipality or district) will raise and appropriate for the annual debt service payments on a debt service previously approved by the legislative body for non-state-funded school construction project or projects, non-state-funded portion portions of a school construction project projects and minor capital projects in addition to the funds appropriated as the local share of the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: Non-state-funded debt service is the amount of money needed for the annual payments on the (municipality's or district's) long-term debt for major capital school construction projects and minor capital renovation projects that is are not approved for state subsidy. The bonding of this long-term debt was previously approved by the voters on (date of original referendum) or other legislative body."
Sec. WW-7. 20-A MRSA §15690, sub-§3, ¶A, as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 73, is amended to read:
A. If the amount of the additional funds does not result in the unit's exceeding its maximum state and local spending target established pursuant to section 15671-A, subsection 4, an article in substantially the following form must be used when a school administrative unit is considering the appropriation of additional local funds:
(1) "Article ....: To see what sum the (municipality or district) will raise and to appropriate the sum of (Recommend $.....) in additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: The additional local funds are those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual debt service payment on previously approved non-state-funded school construction projects or and the non-state-funded portion of a school construction project projects and minor capital projects that will help achieve the (municipality's or district's) budget for educational programs."
Sec. WW-8. 20-A MRSA §15904, sub-§4, ¶C, as enacted by PL 1981, c. 693, §§5 and 8, is repealed.
Sec. WW-9. 20-A MRSA §15904, sub-§4, ¶E, as amended by PL 1985, c. 570, §2, is further amended to read:
E. The school administrative unit shall be is responsible for the local share of debt service allocation to be calculated in accordance with state law annual principal and interest payments for this school construction project included in the total cost of education appropriated pursuant to section 15690, subsection 1, if any, and for the annual principal and interest payments for the non-state-funded portion of this school construction project.
Sec. WW-10. 30-A MRSA §706-A, sub-§7, as enacted by PL 2005, c. 2, Pt. B, §1 and affected by §§2 and 3, is amended to read:
7. Process for exceeding county assessment limit. A county may exceed or increase the county assessment limit only if approved by a vote of a majority of all the members of both the county budget committee or county budget advisory committee and the county commissioners.
Unless a county charter otherwise provides or prohibits a petition and referendum process, if a written petition, signed by at least 10% of the number of voters voting in the last gubernatorial election in the county, requesting a vote on the question of exceeding the county assessment limit is submitted to the county commissioners within 30 days of the commissioners' vote pursuant to this subsection, the article voted on by the commissioners must be submitted to the legal voters in the next regular election or a special election called for that purpose. The election must be held within 45 days of the submission of the petition. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters, the filing requirement contained in section 2528 does not apply and absentee ballots must be prepared and made available at least 14 days prior to the date of the referendum. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the county commissioners and entered upon the county records.
Sec. WW-11. 30-A MRSA §5721-A, sub-§1, ¶D, as enacted by PL 2005, c. 2, Pt. C, §1 and affected by §§3 and 4, is amended to read:
D. "Property tax levy" means the total annual municipal appropriations, excluding assessments properly issued by a county of which the municipality is a member and amounts governed by and appropriated in accordance with Title 20-A, chapter 606-B, appropriated as the local share of the cost of essential programs and services under Title 20-A, chapter 606-B, and amounts appropriated to pay assessments properly issued by a school administrative unit or tuition for students or amounts attributable to a tax increment financing district agreement or similar special tax district, reduced by all resources available to fund those appropriations other than the property tax.
Sec. WW-12. 30-A MRSA §5721-A, sub-§7, ¶B, as enacted by PL 2005, c. 2, Pt. C, §1 and affected by §§3 and 4, is amended to read:
B. If the municipal budget is adopted by a town council or city council, the property tax levy limit may be exceeded only by a majority vote of all the elected members of the town council or city council on a separate article that specifically identifies the intent to exceed the property tax levy limit. Unless a municipal charter otherwise provides or prohibits a petition and referendum process, if a written petition, signed by at least 10% of the number of voters voting in the last gubernatorial election in the municipality, requesting a vote on the question of exceeding the property tax levy limit is submitted to the municipal officers within 30 days of the council's vote pursuant to this paragraph, the article voted on by the council must be submitted to the legal voters in the next regular election or a special election called for that purpose. The election must be held within 45 days of the submission of the petition. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters and absentee ballots must be prepared and made available at least 14 days prior to the date of the referendum. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the article. The results must be declared by the municipal officers and entered upon the municipal records.
Sec. WW-13. PL 2005, c. 2, Pt. B, §3 is repealed.
Sec. WW-14. PL 2005, c. 2, Pt. B, §4 is enacted to read:
Sec. B-4. Effective date. This Part takes effect July 1, 2005.
Sec. WW-15. PL 2005, c. 2, Pt. C, §4 is repealed.
Sec. WW-16. PL 2005, c. 2, Pt. C, §5 is enacted to read:
Sec. C-5. Effective date. This Part takes effect July 1, 2005.
Sec. WW-17. PL 2005, c. 2, Pt. D, §73 is repealed.
Sec. WW-18. PL 2005, c. 2, Pt. D, §74 is enacted to read:
Sec. D-74. Effective date. This Part takes effect July 1, 2005.
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