An Act To Allow the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf To Lease Classroom Space to Independent Schools
Maine Legislature, Session 122, LD 1979
Committee Amendment CA_A_H996 (House)
Amends: 20-A MRSA §7407

COMMITTEE AMENDMENT g" to H.P. 1386, L.D. 1979, Bill, "An Act To 
Allow the Maine Educational Center for the Deaf and Hard of Hearing and the Governor 
Baxter School for the Deaf To Lease Classroom Space to Independent Schools" 
Amend the bill by striking out everything after the title and before the summary and 
inserting in its place the following: 
'Emergency preamble. Whereas, acts of the Legislature do not become cffective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, pursuant to the deed of gift from Governor Baxter, Mackworth Island was 
given to the State of Maine as trustee in trust for the benefit of the people of Maine for 
state public purposes; and 
Whereas, Governor Baxter declared that Mackworth Island was well adapted for 
recreational and educational purposes and that its use for children would be especially 
pleasing to him; and 
Whereas, there are unused school facilities at the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for the Deaf on Mackworth 
Island; and 
Whereas, the State has retained ownership of Mackworth Island and the school 
facilities; and 
Whereas, the Legislature finds that it would serve a state public purpose to lease 
unused school facilities to provide educational opportunities for children; and 
Whereas, this legislation will allow the Department of Administrative and Financial 
Services to enter into agreements to lease unused school facilities at the Maine 
Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for 
the Deaf consistent with the deed of gift and state law on excess state property; and 
Whereas, this legislation needs to take effect in time to allow for the lease of the 
unused school facilities for the 2006-2007 school year; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT f1; to H.P. 1386, L.D. 1979 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §7407, sub-§6, as amended by PL 1999, c. 775, §11, is 
further amended to read: 
6. 
Collection of fees. The school board may charge service and rental fees for use 
of facilities of the school. 
AHy Except as provided in subsection 12-A, any funds 
received for service and rental fees must be retained by the school. 
Sec. 2. 20-A MRSA §7407, sub-§12-A is enacted to read: 
12-A. Lease of school property. The Department of Administrative and Financial 
Services may enter into lease agreements consistent with the deed of gift from Governor 
Percival Baxter and in accordance with state law and policy on the lease of state-owned 
facilities, including but not limited to the provisions of Title 5, chapter 154. Any funds 
received pursuant to this subsection must first be applied in accordance with Title 5, 
section 1784. Any excess revenue above the requirements of Title 5, section 1784 may 
be retained by the Maine Educational Center for the Deaf and Hard of Hearing and the 
Governor Baxter School for the Deaf to be applied to statutorily authorized programs. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. ' 
SUMMARY 
This amendment strikes and replaces the bill. The amendment provides authority to 
the Department of Administrative and Financial Services to enter into lease agreements 
for unused school facilities on Mackworth Island. The lease arrangements and funds 
received from this type of lease must be used in a manner that is consistent with the deed 
of gift from Governor Baxter and applicable state law regarding excess state property, 
with any remaining funds being retained by the Maine Educational Center for the Deaf 
and Hard of Hearing and the Governor Baxter School for the Deaf for statutorily 
authorized programs. 
FISCAL NOTl !U',(lURED, 
(~ attached) 
COMMITTEE AMENDMENT 
Approved: 04110/06 frac:.. 
LD 1979 
LR 3084(02) 
An Act To Allow the Maine Educational Center for the Deaf and Hard of Hearing and the Governor 
Baxter School for the Deaf To Lease Classroom Space to Independent Schools 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "/1" 
Committee: Education and Cultural Affairs 
f1 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium revenue increase - Other Funds 
Undetermined current biennium cost increase - Other Funds 
This legislation may result in an increase in revenue and expenditures to the Real Property Lease Internal Services 
Fund within the Department of Administrative and Financial Services from entering lease agreements for certain 
unused school facilities beginning in fiscal year 2006-07. It may also result in an increase in revenues to the Governor 
Baxter School for the Deaf and the Maine Educational Center for the Deaf and Hard of Hearing. These amounts can 
not be determined at this time. 
LR3084(2) - Fiscal Note - Page I of 1