Public Laws

124th Legislature

Second Regular Session


Parts: A B C D

Chapter 636

H.P. 333 - L.D. 445

PART C

Sec. C-1. 5 MRSA §1664, sub-§3-B  is enacted to read:

3-B Maine Indian Tribal-State Commission appropriations or allocations.   If the Governor submits legislation setting forth appropriations or allocations for the Maine Indian Tribal-State Commission that differ from the full budget proposal developed under Title 30, section 6212, subsection 6, the Governor shall simultaneously submit a report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over judiciary matters explaining why the Governor's budget legislation differs from that proposal.

Sec. C-2. 5 MRSA §1665, sub-§1,  as amended by PL 2005, c. 601, §2, is further amended to read:

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 the State Budget Officer, and submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium. 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.

The State Budget Officer shall request that the Governor provide the budget proposal for the Maine Indian Tribal-State Commission developed pursuant to Title 30, section 6212, subsection 6.

Sec. C-3. 30 MRSA §6212, sub-§6,  as enacted by PL 1993, c. 600, Pt. A, §24 and affected by §25, is amended to read:

6. Funding.   The commission may receive and accept, from any source, allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this chapter, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from a private source, federal agency or governmental subdivision of the State or its agencies. Notwithstanding Title 5, chapter 149, upon receipt of a written request from the commission, the State Controller shall pay the commission's full state allotment for each fiscal year to meet the estimated annual disbursement requirements of the commission.

The Governor or the Governor's designee and the chief executive elected leader or the chief executive elected leader's designee of the following tribes shall communicate to produce a proposed biennial budget for the commission and to discuss any adjustments to funding:

A The Houlton Band of Maliseet Indians;
B The Passamaquoddy Tribe; and
C The Penobscot Nation.

Sec. C-4. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 30, section 6212, subsection 6 does not take effect unless, within 90 days of the adjournment of the Second Regular Session of the 124th Legislature, the Secretary of State receives the following:

1. Written certification by the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of that section of this Part that amends Title 30, section 6212, subsection 6, pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes;

2. Written certification by the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of that section of this Part that amends Title 30, section 6212, subsection 6, pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes; and

3. Written certification by the Tribal Chief and the Council of the Penobscot Nation that the nation has agreed to the provisions of that section of this Part that amends Title 30, section 6212, subsection 6, pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes.

In no event may that section of this Part that amends Title 30, section 6212, subsection 6 become effective until 100 days after the adjournment of the Second Regular Session of the 124th Legislature.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333