Maine Revised Statutes Title 5 Sec. 12023 – Reports to the Legislature
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1. Adoption and implementation. By February 1, 2013, a governing body shall submit a report to the Legislature on the adoption and implementation status of written policies and procedures required by section 12022 and describing the measures the governing body intends to use to monitor compliance with those policies and procedures. The report must be submitted to the Executive Director of the Legislative Council in a manner established by the executive director, who shall forward it to the appropriate joint standing committee or committees of the Legislature for review.
[PL 2015, c. 102, §10 (AMD).]
Terms Used In Maine Revised Statutes Title 5 Sec. 12023
- Competitive procurement: means the transmission of a written request for proposal, written request for qualifications or other invitation to compete on price or qualifications to at least 3 responsible suppliers that is to be replied to at a stated time. See Maine Revised Statutes Title 5 Sec. 12021
- Contributions: means payments for membership dues and fees, gifts, donations and sponsorships, including those that result in public advertisement of the entity. See Maine Revised Statutes Title 5 Sec. 12021
- entity: means :
A. See Maine Revised Statutes Title 5 Sec. 12021Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Governing 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Ongoing reports. By February 1, 2014, and annually thereafter, a governing body shall submit a report to the Legislature containing the following information:
A. A list of all procurements exceeding $10,000 in the preceding year for which competitive procurement was waived under the policies adopted pursuant to section 12022, subsection 3, including procurements exceeding $10,000 that were made under contracts previously entered into for which competitive procurement was not required. The list must include the names of the vendors and costs associated with those procurements; [PL 2011, c. 616, Pt. A, §1 (NEW).]
B. A list of all persons to which the entity made contributions greater than $1,000 in the preceding year and the total amount contributed to each; and [PL 2011, c. 616, Pt. A, §1 (NEW).]
C. A description of changes made in the preceding year to the written policies and procedures required by section 12022 or to the procedures used by the governing body to monitor compliance with those policies and procedures. [PL 2011, c. 616, Pt. A, §1 (NEW).]
For the purpose of this subsection, “the preceding year” means either the most recent January 1st to December 31st budget cycle or the most recent July 1st to June 30th budget cycle, depending on the fiscal year that the entity uses.
Reports to the Legislature required by this subsection must be submitted to the Clerk of the House, the Secretary of the Senate and the Executive Director of the Legislative Council in a manner determined by the Executive Director of the Legislative Council. The Executive Director of the Legislative Council shall forward each report to the appropriate joint standing committee or committees of the Legislature.
[PL 2015, c. 102, §10 (AMD).]
3. Committee review and report. By March 1st of every second regular session, beginning in 2016, a joint standing committee of the Legislature receiving reports pursuant to subsection 2 shall review the reports received within the past 2 calendar years, and gather additional information as necessary from the submitting entities, to assess whether policies and procedures adopted by a governing body in accordance with section 12022, subsections 3 to 5 are consistent with expectations established in those subsections and whether all reported waivers of competitive procurement and reported contributions made are in compliance with the adopted policies and procedures, including proper justification and documentation. The joint standing committee shall report the results of its review, including any areas that should be reviewed in more depth, to the joint legislative committee established to oversee program evaluation and government accountability matters.
[PL 2015, c. 253, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 616, Pt. A, §1 (NEW). PL 2015, c. 102, §10 (AMD). PL 2015, c. 253, §1 (AMD).