Maine Revised Statutes Title 5 Sec. 12024 – Proposed quasi-independent state entities
Current as of: 2023 | Check for updates
|
Other versions
A joint standing committee of the Legislature that considers proposed legislation establishing a quasi-independent state entity after January 1, 2013 shall: [PL 2011, c. 616, Pt. A, §1 (NEW).]
1. Additions to reporting entities. Evaluate whether the proposed quasi-independent state entity should be added to the list of reporting entities in section 12021, subsection 6. The joint standing committee shall consider:
A. Whether the governmental purpose for which the proposed quasi-independent state entity is being established is funded with revenues that are derived, in whole or part, from federal or state taxes or fees; [PL 2011, c. 616, Pt. A, §1 (NEW).]
B. Whether the powers and duties of the proposed quasi-independent state entity are more than advisory as described in section 12004?I; [PL 2011, c. 616, Pt. A, §1 (NEW).]
C. Whether the proposed quasi-independent state entity’s organizational and accountability structure allows the quasi-independent state entity to make significant policy and financial decisions independent of the Legislature and executive branch; [PL 2011, c. 616, Pt. A, §1 (NEW).]
D. Whether the proposed quasi-independent state entity is considered a component unit of State Government for financial reporting purposes under the standards and pronouncements issued by a governmental accounting standards board or for any purposes under Part 4; and [PL 2011, c. 616, Pt. A, §1 (NEW).]
E. Whether the proposed quasi-independent state entity will be subject to review under the State Government Evaluation Act. [PL 2011, c. 616, Pt. A, §1 (NEW).]
If the committee determines that the proposed quasi-independent state entity should be added to the list of reporting entities under section 12021, subsection 6, the committee shall include that determination in any report on the legislation; and
[PL 2011, c. 616, Pt. A, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 12024
- Board: means any authority, board, commission, committee, council and similar organization, including independent organizations, established or authorized by the Legislature to fulfill specific functions the members of which do not serve full time. See Maine Revised Statutes Title 5 Sec. 12002
- entity: means :
A. See Maine Revised Statutes Title 5 Sec. 12021Governing body: means a person or group of persons with the responsibility or authority to manage an entity. See Maine Revised Statutes Title 5 Sec. 12021 Managing director: means the person with overall day-to-day responsibility for directing the operations of a quasi-independent state entity. See Maine Revised Statutes Title 5 Sec. 12021 Oversight: Committee review of the activities of a Federal agency or program. Quasi-independent state entity: means an organization that has been established by the Legislature as an independent board, commission or agency to fulfill governmental purposes and that receives revenues that are derived, in whole or part, from federal or state taxes or fees. See Maine Revised Statutes Title 5 Sec. 12021
2. Legislative standards. Ensure that proposed legislation that establishes a new quasi-independent state entity:
A. Provides, if applicable, for staggered terms of office for members of the governing body, with terms not to exceed 5 years; [PL 2011, c. 616, Pt. A, §1 (NEW).]
B. Requires that the governing body must be responsible for:
(1) Appointment, performance review and termination of the managing director;
(2) Establishing and ensuring compliance with organizational policies and procedures, including those required by section 12022; and
(3) Ensuring adherence to all requirements of this chapter; [PL 2011, c. 616, Pt. A, §1 (NEW).]
C. Specifies qualifications required or desired of the managing director; [PL 2011, c. 616, Pt. A, §1 (NEW).]
D. Provides conditions under which members of the governing body and the managing director may be removed from office and establishes the process for removal; [PL 2011, c. 616, Pt. A, §1 (NEW).]
E. Identifies the joint standing committee of the Legislature with oversight over the entity and any matters that must be reviewed by that committee; and [PL 2011, c. 616, Pt. A, §1 (NEW).]
F. Contains audit and reporting requirements. [PL 2011, c. 616, Pt. A, §1 (NEW).]
[PL 2011, c. 616, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 616, Pt. A, §1 (NEW).