Resolve, To Create the Committee To Study State Compliance with the Federal Indian Child Welfare Act of 1978 Further 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 and Legislature do not become effective until adjournment unless enacted as emergencies; and resolves of the days after Whereas, the Committee To Study State Compliance with the Federal Indian Child Welfare Act of 1978 should be established to examine the extent to which the State complies with the federal Indian Child Welfare Act of 1978 and to identify ways in which to improve compliance; and Whereas, the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; and Whereas, in the judgment of the Legislature, these facts create an emergency wi thin 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 Page l-LR0069(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0415
Committee Amendment CA_A_S138 (Senate)

COMMITTEE AMENDMENT 
.. It" to S.P. 139, L.D. 415, Bill, "An 
Act To Ensure Compliance with the Federal Indian Child Welfare 
Act" 
Amend the bill by striking out the title and substituting 
the following: 
'Resolve, To Create the Committee To Study State Compliance with 
the Federal Indian Child Welfare Act of 1978' 
Further 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 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, the Committee To Study State Compliance with the 
Federal Indian Child Welfare Act of 1978 should be established to 
examine the extent to which the State complies with the federal 
Indian Child Welfare Act of 1978 and to identify ways in which to 
improve compliance; and 
Whereas, the study must 
be initiated before the 
90-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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 
Page l-LR0069(2) 
COMMITTEE AMENDMENT 
~.~~' 
COMMITTEE AMENDMENT A" to S.P. 139, L.D. 415 
Sec. 1. Committee established. Resolved: 
Tha t the Commi t tee To 
Study State Compliance with the Federal Indian Child Welfare Act 
of 1978, 
referred to in this resolve as "the committee," is 
established; and be it further 
Sec. 2. Committee membership. Resolved: 
That the committee 
consists of the following members: 
1. 
Two members of the Senate, appointed by the President of 
the Senate; 
2. 
Three members of the House of Representatives, appointed 
by the Speaker of the House; 
3. 
The Governor of the Passamaquoddy Tribe, or a designee; 
4. 
The Governor of the Penobscot Nation, or a designee; 
5. 
The 
Tribal 
Chief 
of 
the 
Houlton 
Band 
of 
Ma1iseet 
Indians, or a designee; 
6. 
The Tribal Chief of the Aroostook Band of Micmacs, or a 
designee; 
7. 
The Commissioner of Health and Human Services, or the 
commissioner's designee; and 
8. 
The Attorney General, or the Attorney General's designee. 
The Chief Justice of the Supreme Judicial Court is requested to 
designate a representative of the judicial branch to serve as a 
voting member of the committee; 
and be it further 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the committee and the first-named House of 
Representatives member is the House chair of the committee; and 
be it further 
Sec. 4. Appointments; convening of committee. 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 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the committee, which must be no later than July 
1, 2005; and be it further 
Sec. 5. Duties. Resolved: 
That the committee shall study state 
compliance 
with 
the 
federal 
Indian 
Child 
Welfare 
Act 
of 
COMMITTEE AMENDMENT 
.. 
COMMITTEE AMENDMENT A .. to S.P. 139, L.D. 415 
1978. 
The committee may hold up to 2 public hearings to collect 
public testimony; and be it further 
Sec. 6. Staff assistance. Resolved: 
That the Legislative Council 
shall provide necessary staffing services to the committee; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the committee are entitled to receive 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 
committee. 
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 committee; and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than December 1, 
2005, 
the committee shall submit 
a 
report that includes its 
findings 
and recommendations, 
including suggested legislation, 
for presentation to the Joint Standing Committee on Judiciary and 
the 
Legislative 
Council. 
The 
committee 
is 
authorized 
to 
introduce legislation related to its report to the Second Regular 
Session of the l22nd Legislature at the time of submission of its 
report; and be it further 
Sec. 9. Extension. Resolved: 
That, if the committee 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. Committee budget. Resolved: 
That the chairs of the 
committee, 
with 
assistance 
from 
the 
committee 
staff, 
shall 
administer the committee's· budget. 
Within 10 days after its 
first meeting, 
the 
committee shall present 
a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
committee 
may 
not 
incur expenses 
that would 
result 
in the 
committee's exceeding its approved budget. 
Upon request from the 
committee, 
the Executive Director of the Legislative Council 
shall promptly provide the committee chairs and staff with a 
status report on the committee budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved.' 
COMMITTEE AMENDMENT 
~~. 
e"'>.~ 
'('\. 
COMMITTEE AMENDMENT A 
.. to S.P. 139, L.D. 415 
SUMMARY 
This amendment replaces the bill with a resolve to create 
the Committee To Study State Compliance with the Federal Indian 
Child Welfare Act of 1978. 
The committee consists of 12 members, 
including Legislators, representatives of the 4 tribes and bands 
recognized in this State, the Attorney General or the Attorney 
General's designee 
and the Commissioner of Health and 
Human 
Services or the commissioner's designee. 
The Chief Justice of 
the Supreme Judicial Court is asked to appoint a representative 
of the judicial branch who will serve as a voting member of the 
committee. 
The committee will study compliance by the State with 
the federal Indian Child Welfare Act of 1978 and report to the 
Joint Standing Committee on Judiciary by December 1, 2005. 
The 
committee may introduce legislation in the Second Regular Session 
of the 122nd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
" 
, . 
r 
Approved: 04/07/05 ;::!;Pac. 
LD415 
LR 0069(02) 
An Act To Ensure Compliance with the Federal Indian Child Welfare Act 
Fiscal Note for Bill as Amended by Committee Amendment A 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
Legislative Study 
The projected costs to fund the general operating expenses of the Committee to Study State 
Compliance with the Indian Child Welfare Act are $6,580 in fiscal year 2005-06. The Legislature's 
proposed Part I budget includes $30,000 in fiscal year 2005-06 and $20,000 in fiscal year 2006-07 for 
legislative studies. Whether the amounts are sufficient to fimd all studies will depend on the number 
of stUdies authorized by the Legislative Council and the Legislature. 
LR0069(2) - Fiscal Note - Page 1 of 1