Public Laws

124th Legislature

Second Regular Session


Parts: A B C D

Chapter 636

H.P. 333 - L.D. 445

PART D

Sec. D-1. 30-A MRSA §2201,  as amended by PL 2003, c. 696, §13, is further amended to read:

§ 2201.  Purpose

It is the purpose of this chapter to permit public agencies , as defined in section 2202 of the State or any adjoining state, including , but not limited to , municipalities, counties , and school administrative units , and state federal agencies , and Indian tribes and their political subdivisions to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage and thereby to provide services and facilities within the State in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of communities.

Sec. D-2. 30-A MRSA §2202, sub-§2  is enacted to read:

2 Party.   "Party" means a public agency or the following federally recognized Indian tribes or their political subdivisions:
A The Passamaquoddy Tribe; and
B The Penobscot Nation.

Sec. D-3. 30-A MRSA §2203,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2203.  Joint exercise of powers

Any power or powers, privileges or authority exercised or capable of exercise by a public agency of the State party to an agreement under this chapter may be exercised and enjoyed jointly or cooperatively with any other public agency of this State, or of the Federal Government party to the extent that federal laws , when applicable, permit the joint or cooperative exercise. When acting jointly or cooperatively with any public agency party, any agency of State Government may exercise all of the powers, privileges and authority conferred by this chapter upon a public agency.

1. Agreement.   Any 2 or more public agencies parties may enter into agreements with one another for joint or cooperative action under this chapter. The governing bodies of the participating public agencies parties must take appropriate action by ordinance, resolution or other action under law before any such agreement may become effective.
2. Specifications.   Any agreement made under this chapter must specify the following:
A.  Its duration;
B.  The precise organization, composition and nature of any separate legal or administrative entity created by the agreement together with the powers delegated to that entity, provided the entity may be legally created;
C.  Its purpose;
D.  The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking;
E.  The method to be used to partially or completely terminate the agreement and to dispose of property upon termination; and
F.  Any other necessary and proper matters.
3. Additional items.   If the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement, in addition to the items listed in subsection 2, must contain the following.
A.  It must provide for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, all public agencies party parties to the agreement must be represented.
B.  It must provide the manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking.
4. Responsibility.   No agreement made under this chapter may relieve any public agency party of any obligation or responsibility imposed upon it by law except to the extent of actual and timely performance by a joint board or other legal or administrative entity created by an agreement made under this chapter. This performance may be offered in satisfaction of the obligation or responsibility.
5. Liability.   An action is maintainable against any public agency party whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the other public agencies parties jointly.
6. Notice to regional councils.   Any agreement made under this chapter is subject to the reporting requirements of section 2342, subsection 6, if applicable.
7. Liberal construction.   It being the intent of the Legislature to avoid the proliferation of special purpose districts and inflexible enabling laws, this chapter shall must be liberally construed toward that end.
8. Limitation.   Notwithstanding any other provision of this chapter:
A.  No powers, privileges or authority may be jointly or cooperatively exercised unless each type of power, privilege or authority exercised is capable of being exercised by at least one of the parties within the entire jurisdictional area of the contract agreement, or by each of the several parties within each of their several jurisdictions if all of the several jurisdictions make up the total jurisdictional area of the contract agreement; or
B.  No essential legislative powers, taxing authority or eminent domain power may be delegated by contract agreement to a joint authority or administrative entity.

Sec. D-4. 30-A MRSA §2206,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2206.  Funds, personnel and services

Any public agency party entering into an agreement under this chapter may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing any personnel or services for that purpose that it may legally furnish.

Sec. D-5. 30-A MRSA §2208  is enacted to read:

§ 2208.   Agreements involving federally recognized Indian tribes

This chapter does not apply to and has no effect on any agreement to which any federally recognized Indian tribe is a party if the agreement has not been entered into under the authority of this chapter.

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