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An Order To Advise The Governor On Implementing The School Finance And Tax Reform Act Of 2003
July 16, 2004
23 FY 04/05
WHEREAS, the electors of the state of Maine presented to the First Regular Session of the 121st Legislature an initiated bill entitled “School Finance and Tax Reform Act of 2003” (hereinafter “the Act”) under the provisions of Article IV, Part Third, Section 18 of the Constitution of Maine; and
WHEREAS, the Act was submitted to the voters on June 8, 2004 and received a majority of the votes cast; and
WHEREAS, a stated goal in the Act is “to provide substantial property tax relief statewide in a manner that is sustained over time;” and
WHEREAS, pursuant to Article IV, Part Third, Section 19 of the Constitution of Maine, the Act will become operative 45 days after the convening of the next regular legislative session; and
WHEREAS, section 4 of the Act requires the next regular legislative session to address state tax revenue, a Fund for the Efficient Delivery of Educational Services, a Fund for the Efficient Delivery of Local and Regional Services, and tax burden management; and
WHEREAS, the Governor has the constitutional duty to execute related laws concerning school finance under the Maine Revised Statutes Annotated, Title 20-A, chapter 606-B and to submit a balanced budget to the Legislature in January 2005; and
WHEREAS, in fulfilling his duties, including those implicated by the Act, the Governor requires technical analysis and advice from affected parties;
NOW, THEREFORE, I, John E. Baldacci, Governor of the State of Maine do hereby direct the following to undertake the duties described herein: the Director of the State Planning Office or the director’s designee; the Commissioner of Education or the commissioner’s designee; the State Budget Officer or the State Budget Officer’s designee; and the Director of the Bureau of Revenue Services within the Department of Administrative and Financial Services or the director’s designee (hereinafter “the Implementation Team”).
- Technical analysis
The Implementation Team shall broadly analyze the provisions of the Act, relevant constitutional provisions, related statutes, state budget implications, and tax implications. The team shall develop options for implementing the Act.
- Consultations
In doing the analysis and developing options the Implementation Team shall consult with parties affected by the Act to seek information or advice, as appropriate. Affected parties include, but are not limited to:
Legislators recommended by legislative leadership Members of the Joint Standing Committees on Taxation, Education, State and Local Government, and Appropriations and Financial Affairs Educators Municipal officials and employees Taxpayers’ groups Business leaders Academic economists The Office of the Attorney General The Office of Fiscal and Program Review The Office of Policy and Legal Analysis.
- Assistance
The State Planning Office, the Department of Education, and the Department of Administrative and Financial Affairs shall provide assistance to the Implementation Team. Members of the Implementation Team shall serve without pay, except as otherwise provided by law. Assistance shall come from existing resources. The Implementation Team shall receive legal support from the Office of the Governor.
- Report
The Implementation Team shall report to the Governor by November 10, 2004. The report must include a written analysis of the provisions and implications described in section 1. The report must include options, and recommendations for any accompanying legislation, for implementing the Act.
- Effective date
The effective date of this Executive Order is June 16, 2004. The Implementation Team shall become inactive and dissolve upon the effective date of the Act.
