Resolve, To Study and Consider Eliminating the Current Prohibition on Tuition Payments to Sectarian Schools Further amend the bill by striking out everything after the title and before the summary and inserting in its place the following: . Preamble. Whereas, citizens may benefit comprehensive study of issues related to eliminating the prohibition on tuition payments to sectarian schools: and from a current Whereas, the United States Supreme Court has ruled in a particular case that states may include sectarian schools in their voucher programs: and Whereas, in a case now pending before the Maine courts, the court may rule that it is unconstitutional to exclude sectarian schools from the tuition payment program in Main; and may thus impose a mandate to implement including sectarian schools in the tuition payment program in Maine within a specified time frame: and to Sec. 1. Commission established. Resolved: That Study School Tuition Reimbursement Page l-r..Rl043(2) the Commission policies and COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0182
Committee Amendment CA_A_H324 (House)

COMMITTEE 
AMENDMENT "If" to H.P. 141, L.D. 182, Bill, "An 
Act to Eliminate Discrimination Against Parents Who Want to Send 
Their Children to Religious Private Schools" 
Amend the bill by striking out the title and substituting 
the following: 
• Resolve, 
To 
Study 
and 
Consider 
Eliminating 
the 
Current 
Prohibition on Tuition Payments to Sectarian Schools' 
Further amend the bill by striking out everything after the 
title and before the 
summary and inserting in its place the 
following: 
. Preamble. 
Whereas, 
citizens 
may 
benefit 
comprehensive study of issues related to eliminating the 
prohibition on tuition payments to sectarian schools: and 
from 
a 
current 
Whereas, the United States Supreme Court has ruled in a 
particular case that states may include sectarian schools in 
their voucher programs: and 
Whereas, in a case now pending before the Maine courts, the 
court may rule that it is unconstitutional to exclude sectarian 
schools from the tuition payment program in Main; and may thus 
impose a mandate to implement including sectarian schools in the 
tuition payment program in Maine within a specified time frame: 
and 
to 
Sec. 1. Commission established. Resolved: 
That 
Study 
School 
Tuition 
Reimbursement 
Page l-r..Rl043(2) 
the Commission 
policies 
and 
COMMITTEE AMENDMENT 
'~1>..' 
....... 
... :;, 
. .-0:" 
• 
• 
COMMITTEE AMENDMENT 
141, L.D. 182 
Practices 
in 
Maine, 
referred 
to 
in 
this 
resolve 
as 
"the 
commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 12 members appointed as follows: 
1. 
Two members of the Senate, appointed by the President of 
the Senate, 
one of whom represents the party that holds the 
greatest number of seats in that body and one of whom represents 
the party that holds the 2nd greatest number of seats in that 
body; 
2. 
Two members of the House of Representatives, appointed 
by the Speaker of the House, one of whom represents the party 
that holds the greatest number of seats in that body and one of 
whom represents the party that holds the 2nd greatest number of 
seats in that body; 
3. 
One representative of Christian schools in the State, 
appointed by the President of the Senate; 
4. 
One member who is a private educational consultant in 
the State, appointed by the President of the Senate; 
5. 
One representative of private, nonsectarian schools in 
the State, appointed by the Speaker of the House; 
6. 
One representative of the Maine Education Association, 
appointed by the Speaker of the House; and 
7. 
Four members appointed by the Governor as follows: 
(1) 
One representative of the Department of Education; 
(2) 
One representative of parochial schools in the 
State; and 
(3) 
Two 
members of the general public; 
and be it 
further 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the commission and the first-named House 
of Representatives member is the House chair of the commission; 
and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
COMMITTEE AMENDMENT 
-
COMMITTEE AMENDMENT ·R· to H.P. 141, L.D. 182 
appointments 
have 
been 
completed. 
appointment of all members, the chairs 
first meeting of the commission; and be 
Within 
days 
after 
shall call and convene the 
it further 
Sec. 5. Duties. Resolved: 
That the commission shall meet no 
fewer than 4 times to study Maine's tuition payment policies and 
practices. 
In examining these issues, the commission shall: 
1. 
Determine the extent to which Maine's tuition payment 
policies and practices are in compliance with both federal and 
Maine laws, including applicable case law; 
2. 
Study what measures, if 
governmental entities have taken 
ensure compliance with all laws; 
any, 
other states and local 
relative to tuition payment to 
3. 
Investigate and recommend ways in which Maine's tuition 
payment policies and practices may be meaningfully improved to 
ensure 
fairness 
in 
education, 
to 
improve 
student 
education 
outcomes 
and 
to 
take 
advantage 
of 
private 
and 
sectarian 
educational resources available throughout the State; and 
4. 
Calculate what costs, if any, 
may be 
making such improvements; and be it further 
Sec. 6. Staff assistance. Resolved: 
That, upon 
Legislative Council, 
the Office of Policy and 
shall provide necessary staffing services to the 
be it further 
associated with 
approval of the 
Legal Analysis 
commission; and 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to the legislative per diem, as 
defined in the Maine Revised Statutes, Title 3, section 2, and 
reimbursement for travel and other necessary expenses related to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their employers or 
other entities 
that 
they 
represent 
are 
entitled to 
receive 
reimbursement of necessary expenses and, upon a demonstration of 
financial hardship, a per diem equal to the legislative per diem 
for their attendance at authorized meetings of the commission; 
and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than December 1, 
2003, 
the commission shall submit a 
report that includes its 
findings and recommendations, including suggested legislation, to 
the Joint Standing Committee on Education and Cultural Affairs 
and the Legislative Council. 
The commission is not authorized to 
introduce 
legislation. 
Following 
receipt 
and 
review 
of 
the 
report, the Joint Standing Committee may report out a bill to the 
COMMITTEE AMENDMENT 
COMMITTEE .. 
AMENDMENT ,,{t, to H. P . 141, L.D. 182 
Sec. 9. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Commission budget. Resolved: 
That the chairs of the 
commission may seek and accept outside funding. 
Prompt notice of 
solicitation 
and 
acceptance 
of 
funds 
must 
be 
sent 
to 
the 
Legislative Council. 
The commission may not incur expenditures 
that have an effect on the General Fund. 
All 
funds 
accepted 
must 
be 
forwarded 
to 
the 
Executive 
Director of the Legislative Council along with an accounting that 
includes the amount, 
the date received, 
from 
whom, 
for what 
purpose and any limitations on the use of funds. 
The Executive 
Director 
of 
the 
Legislative 
Council 
administers 
any 
funds 
received. 
Upon request from the commission, the Executive Director of 
the Legislative Councilor the executive director's designee 
shall promptly provide the commission chairs and staff with a 
status report on the budget, expenditures incurred and paid and 
available funds; and be it further 
Sec. 11. Appropriations and allocations. Resolved: 
The following 
appropriations and allocations are made. 
LEGISLATURE 
Miscellaneous 
Studies 
Commission 
to 
Study 
School 
Tuition 
Reimbursement Policies and Practices in Maine 
Initiative: 
Provides a base allocation to authorize expenditures 
from this dedicated account. 
Other Special Revenue Funds 
2003-04 
2004-05 
All Other 
$500 
$0 
Other Special Revenue Funds Total 
$500 
$0' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee 
on 
Education 
and Cultural Affairs. 
The 
amendment 
changes the title of the bill and strikes and replaces the bill 
with 
a 
resolve to establish the 
Commission 
to 
Study 
School 
COMMITTEE AMENDMENT 
., 
·fl" to H.P. 141. L.D. ,.2 
COMMITTEE AMENDMENT 
Tuition Reimbursement 
Policies 
and Practices 
in Maine. 
The 
commission 
will 
study 
Maine's 
tuition 
payment 
policies 
and 
practices and the chairs of the commission may seek and accept 
outside funding to support the work of this study commission. 
The 
commission will 
submit its report with any 
accompanying 
legislation 
to 
the 
Second 
Regular 
Session 
of 
the 
l2lst 
Legislature by December 1, 2003. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Legislative Study 
• 
.. 
Approved: 05/01/03 ;:!;Pac:... 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 182 
Resolve, To Study and Consider Eliminating the Current Prohibition on 
Tuition Payments to Sectarian Schools 
LR 1043(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Current costs - Legislative Study 
Projections 
Projections 
2003-04 
2004-05 
2005-06 
2006-07 
$500 
$0 
$0 
$0 
$500 
$0 
$0 
$0 
The projected costs to fund the general operating expenses of this study are $4,320 in fiscal year 2003-04. The 
Legislature has budgeted $30,000 in fiscal year 2003-04 for legislative studies. Whether the amount is sufficient to 
fund all studies will depend on the number of studies authorized by the Legislative Council and the Legislature. This 
bill also authorizes the commission to seek and accept outside funds. This authorization may result in the collection 
of additional Other Special Revenue funds in fiscal year 2003-04. Since it is un1alOwn 1'fow much may be received', a 
base allocation of $500 in fiscal year 2003-04 is amended to the bill to authorize expenditures from this dedicated 
revenue. The additional costs associated with serving on the commission can be absorbed by the Department of 
Education and Cultural Services utilizing existing budgeted resources. 
LR1043(2) - Fiscal Note - Page 1 of 1