An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009
Maine Legislature, Session 123, LD 0499
Committee Amendment CA_A-HA_T_H445 (House)
Amends: 20-A MRSA §15671-A

HOUSE AMENDMENT '~to COMMITTEE AMENDMENT "A" to H.P. 383, 
L.D. 499, Bill, "An Act Making Unified Appropriations and Allocations for the 
Expenditures of State Government, General Fund and Other Funds, and Changing Certain 
Provisions of the Law Necessary to the Proper Operations of State Government for the 
Fiscal Years Ending June 30, 2008 and June 30, 2009" 
Amend the amendment in Part A in section 32 on page 372 by striking out all of that 
part relating to "FHM - Head Start 0959" (page 372, lines 24 to 27 in amendment) 
Amend the amendment in Part A by inserting after section 33 the following: 
'Sec. A-34. Appropriations and allocations. The following appropriations and 
allocations are made. 
HISTORICAL SOCIETY, MAINE 
Historical Society 0037 
Initiative: BASELINE BUDGET 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HISTORICAL SOCIETY 0037 
PROGRAM SUMMARY 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2007-08 
$54,653 
$54,653 
2007-08 
$54,653 
$54,653 
HOUSE AMENDMENT 
2008-09 
$54,653 
$54,653 
2008-09 
$54,653 
$54,653 
HOUSE AMENDMENT ~ 
to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
I 
Amend the amendment in Part A in section 34 in the first line (page 449, line 23 in 
amendment) by striking out the following: "Sec. A-34." and inserting the following: 'Sec. 
A-3S.' 
Amend the amendment in Part 11 in section 3 in the 2nd line (page 673, line 39 in 
amendment) by striking out the following: 
"deallocate" and inserting the following: 
'reduce allotments' 
Amend the amendment in Part NNNN in section I in subsection 3 in the 3rd line 
(page 743, line 20 in amendment) by striking out the foIlowing: "2 or more buildings" 
and inserting the following: 'building Number 2' 
Amend the amendment in Part NNNN in section 1 in subsection 3 in the 9th line 
(page 743, line 26 in amendment) by striking out the following: "2007 but before January 
1,2012." and inserting the following: '2008 but before January 1. 2014.' 
Amend the amendment in Part NNNN in section I in subsection 3 in the 12th line 
.. (page 743, line 29 in amendment) by striking out the following: "2011" and inserting the 
following: '2013' 
Amend the amendment in Part XXXX in section 13 in §1478. in. the in,dented 
paragraph in the 2nd line (page 769, line 33 in amendment) by striking out the following: 
"not in conflict with this Title" 
Amend the amendment in Part XXXX: in section 13 in § 1481 in the first indented 
paragraph in the last line (page 771, line 24 in amendment) by striking out the following: 
"agreement is modified or eliminated:" and inserting the following: 'parties to the 
agreement modify or terminate the agreement:' 
Amend the amendment in Part XXXX in section 13 in § 1481 by inserting at the end 
(page 771, line 36 in amendment) a new indented paragraph to read: 
'Notwithstanding any provisions of law to the contrary, a municipality within a 
regional school unit may raise money and direct the spending of the funds, to a school 
serving children from kindergarten to no higher than grade 8.' 
Amend the amendment in Part XXXX in section 32 in § I 5696 by striking out all of 
subsection 1 (page 793, lines 23 to 38 and page 794, lines 1 and 2 in amendment) and 
inserting the following: 
'1. Authorized adjustments. Notwithstanding any other provision of this Title, the 
following adjustments to the calculation of subsidy under chapter 606-B are required 
beginning July I, 2009 for a school administrative unit that is not a conforming school 
administrative unit: 
A. The school administrative unit is eligible for only 50% of the minimum state 
allocation under Title 20-A, section 15689, subsection 1; 
B. The school administrative unit's total cost of education is reduced by adjusting the 
cost component for. system administration under section 15680, subsection 1, 
paragraph A by half; 
HOUSE AMENDMENT 
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HOUSE AMENDMENT" I ,. to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
I 
C. The school administrative unit is not eligible for a transition adjustment under 
section 15686 or any comparable year-over-year transition amount; and 
D. The school administrative unit receives less favorable consideration for approval 
and funding for school construction pursuant to rules of the state board.' 
Amend the amendment in Part XXXX by inserting after section 23 the following: 
'Sec. XXXX-24. 20-A MRSA §15671-A, sub-§2,,s, as amended by PL 2005, 
c. 2, Pt. D, §35 and affected by §§72 and 74 and c. 12, Pt. WW, § 18, is further amended 
to read: 
B. For property tax years beginning on or after April 1,2005, the commissioner shall 
calculate the full-value education mill rate that is required to raise the statewide total 
local share. The full-value education mill rate is calculated for each fiscal year by 
dividing the applicable statewide total local share by the applicable statewide 
valuation. The full-value education mill rate must decline over the period from fiscal 
year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-
and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill 
rate must be applied according to section 15688, subsection 3-A, . paragraph A to 
determine a municipality's local cost share expectation. Full-value education mill 
rates must be derived according to the fo!)owing schedule. 
(1) For the 2005 property tax year, the full-value education mill rate is the 
amount necessary to result in a 47.4% statewide total local share in fiscal year 
2005-06. 
. 
(2) For the 2006 property tax year, the full-value education mill rate is the 
amount necessary to result in a 46.14% statewide total local share in fiscal year 
2006-07. 
(3) For the 2007 property tax year, the full-value education mill rate is the 
amount necessary to result in a 45.56% statewide total local share in fiscal year 
2007-08. 
(4) FeF Except as provided in subparagraph (6), for the 2008 property tax year 
and subsequent tax years,.the. full-value education mill rate is the amount 
. 30 
necessary to result in a 45.0% statewide total local share in fiscal year 2008-09 
and after. 
(6) For school administrative units that do not conform to the requirements of 
chapter 103-A for the 2009 property tax year, the full-value education mill rate is 
the amount necessary to result in a 46.14% statewide total local share in fiscal 
year 2009-10 and after.' 
Amend the amendment in Part XXXX in section 35 in the first paragraph in the 3rd 
line (page 794, line 10 in amendment) by inserting after the following: "them into" the 
following: '80' 
Amend the amendment in Part XXXX in section 35 by striking out all of subsections 
and 2 (page 794, lines 13 to 42 and page 795, lines 1 to 9 in amendment) and inserting 
the following: 
HOUSE AMENDMENT 
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HOUSE AMENDMENT" J .. to COMMITTEE AMENDMENT "A" toRP. 383, L.D. 499 
'1. Meetings to be convened in each career and technical education region. Not 
2' 
later than July 15,2007, the Commissioner of Education, or the commissioner's designee, 
shall convene one or more meetings in each ofthe career and technical education regions 
in the State to present information about the requirements of this Part regarding 
consolidation and collaboration among school administrative units. 
A. The Commissioner of Education shall provide notice of the meeting or meetings 
to municipal officials and school officials from the municipalities and school 
administrative units within the region, as well as to the general public. 
B. In addition to other information presented at the meeting, the Commissioner of 
Education shall provide one or more maps showing the suggested alignment of 
municipalities and other school administrative units designed to increase efficiency 
and improve educational quality and to' meet the requirements of subsection 6. 
C. 
Maps presented by the Commissioner of Education and alignment options 
considered by school administrative unit representatives must reflect: 
(1) The intent and goals set forth in Title 20-A, section 1451; and 
(2) The intent that sustainable, long-term administrative efficiencies be achieved 
by consolidating the current number of school units existing on the effective date 
of this Act into 80 regional units or into a number of units that meets the 
administrative efficiencies' established by this Part. Regional units of at least 
2,500 resident students must be created except where circumstances justify an 
exception to that size requirement. When circumstances justify an exception to 
the requirement of 2,500 students, the unit must serve as close to 2,500 students 
as possible and in no case, except for offshore islands and schools operated by 
tribal school committees, may it serve fewer than 1,200 students. 
2. Notice of intent. By August 31, 2007, each school administrative unit shall file 
with the Commissioner of Education: 
A. 
A notice of intent to engage in planning and negotiations with other school 
administrative units for the purpose of developing a reorganization plan to fonn a 
regional school unit under this Part and Title 20-A, chapter 103-A; or 
B. A notice of intent to submit an alternative plan that meets the requirements of 
subsection 6, paragraph F. An alternative plan may be submitted only by a unit that 
is: 
(1) An offshore island; 
(2) A school operated by a tribal school committee pursuant to the Maine 
Revised Statutes, Title 30, section 6214; 
-
(3) A school administrative unit that serves more than 2,500 students, or 1,200 
students where circumstances justify an exception to the requirement of 2,500 
students under subsection 6, paragraph A, where expansion of the unit would be 
inconsistent with the policies set forth in Title 20-A, section 1451; or 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,,/ "to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
(4) A school administrative unit that is designated as an efficient, 
high~ 
performing district. For purposes of this subparagraph, a school administrative 
unit is designated an "efficient, high-performing district" if: 
(a) It contains at least 3 schools identified as "higher performing" in the May 
2007 Maine Education Policy Research Institute report "The Identification of 
Higher and Lower Performing Maine Schools"; and 
(b) Its reported 2005-2006 per-pupil expenditures for system administration 
represent less than 4% of its total per-pupil expenditures.' 
Amend the amendment in Part XXXX in section 35 in subsection 4 in paragraph B 
(page 795, line 28 in amendment) by inserting at the end the following: 
'Each school administrative unit shall exercise due diligence and act in good faith in 
developing a plan that meets the requirements of this Part and furthers the intent of the 
Legislature to achieve sustainable, long-term administrative efficiencies. ' 
Amend the amendment in Part XXXX in section 35 by striking out all of subsections 
6, 7 and 8 (page 796, lines 15 to 41 and page 797, lines 1 to 42 and page 798, lines 1 to 
in amendment) and inserting the following: 
'6. Parameters. In developing a reorganization plan for school administrative units 
in existence on the effective date of this Part, the governing bodies of school 
administrative units shall work within the following parameters. 
A. The proposed regional school unit must serve not fewer than 2,500 students, 
except where circumstances relating to the following factors justify an exception: 
(1) Geography, including physical proximity and the size of the current school 
administrative unit; 
(2) Demographics, including student enrollment trends and the composition and 
nature of communities in the regional school unit; 
(3) Economics, including existing collaborations to be preserved or enhanced 
and opportunities to deliver commodities and services to be maximized; 
(4) Transportation; 
(5) Population density, including the rural nature of our communities; 
(6) 
Other unique circumstances including the need to preserve existing or 
developing relationships, meet the needs of students, maximize educational 
opportunities for students and ensure equitable access to rigorous programs for 
all students; or 
(7) If, after performing due diligence to develop a regional plan that meets the 
2,500 students enrollment requirement, a school administrative unit is unable to 
achieve the enrollment goal due to the decision of geographically proximate 
school administrative units to participate in a different regional unit. 
HOUSE AMENDMENT 
HOUSE AMENDMENT~ COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
When circumstances justify an exception to the requirement of 2,500 students, the 
unit must serve at least 1,200 students, except for offshore islands and schools 
operated by tribal school committees, which may serve fewer than 1,200 students. 
B. The proposed unit, viewed in conjunction with surrounding proposed units, may 
not result in one or more municipalities being denied the option to join a regional 
school unit. 
C. 
The plan must provide comprehensive programming for all students from 
kindergarten to grade 12 and must include at least one publicly supported secondary 
school; 
. 
D. The plan must be consistent with the policies set forth in Title 20-A, section 1451; 
E. The plan may not displace teachers or students or close any schools existing and 
operating during the school year immediately preceding reorganization, except as 
permitted under section 1512; and 
F. The plan must address how the school administrative unit will reorganize 
administrative functions, duties and noninstructional personnel so that the projected 
expenditures of the reorganized school unit in fiscal year 2008-09 for system 
administration, transportation, special education and facilities and maintenance will 
not have an adverse impact on the instructional program. 
7. 
Review plans. 
If the Commissioner of Education finds that a plan for 
reorganization meets the requirements of this Part, the commissioner shall notify the 
municipalities and school administrative units and they shall proceed with referendum. 
A. If the Commissioner of Education finds that a plan for reorganization is not 
consistent with subsection 6 and the purposes and goals of this Part, or that it has not 
adequately addressed the matters set forth in subsection 6, the commissioner shall 
return the plan to the governing bodies of those school administrative units by 
December 15,2007 with specific suggestions for modification of the plan and written 
findings providing the specific reasons why· the plan did not meet with the 
requirements in this Part. 
B. Upon the return of a reorganization plan by the Commissioner of Education, the 
governing body of the school administrative unit shall revise the proposed plan for 
reorganization to address the commissioner's findings and submit a revised plan for 
reorganization not more than 30 days after the commissioner returns the plan for 
revision. 
C. The Commissioner of Education shall make a determination whether the revised 
plan for reorganization meets the requirements of this Part not more than 14 days 
after it is refiled by the unit. 
D. The Commissioner of Education may not find that a plan for reorganization does 
not meet the requirements of this Part solely on the ground that a finding that it meets 
the requirements would cause the number of regional school units in the State to 
exceed 80. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT"J ., to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
8. 
Referendum on reorganization plan. 
The municipal officers of each 
municipality in a proposed reorganized school administrative unit shall place a warrant 
article substantially as follows on the ballot of a municipal referendum conducted in 
accordance with the referendum procedures applicable to the school administrative unit 
of which the municipality is a member. A referendum must be held on or before January 
15,2008 for a reorganization plan that was submitted by December 15,2007 and that the 
Commissioner of Education found meets the requirements of this Part. A referendum 
must be held on June] 0, 2008 for any plan received or revised after December 15, 2007 
and subsequently found by the Commissioner of Education to meet the requirements of 
this Part. 
"Article: 
Do you favor approving the school administrative reorganization plan 
prepared by the (insert name) Reorganization Planning Committee to reorganize 
(insert names of affected school administrative units) into a regional school unit, with 
an effective date of 
? 
Yes/No" 
The following statement must accompany the article: 
"Explanation: 
A "YES" vote means that you approve of the (municipality or school administrative 
unit) joining the proposed regional school unit, which will be provided with the 
following incentives: 
More favorable consideration in approval and funding of school construction 
projects; and 
Eligibility for additional financial support for reorganization costs. 
A "NO" vote means that you do not approve of the (municipality or school 
administrative unit) joining a regional school unit, which will result in the existing 
(municipality or school administrative unit) receiving the following penalties: 
Less favorable consideration in approval and funding of· school construction 
projects; and 
A reduction in state funding of education costs in an amount estimated to be 
$ 
for school year 200_ and $ 
for school year 200_, with the 
possibility of ongoing penalties for continued failure to join an approved regional 
school unit. 
Reductions in state education funding will likely result in an 
increased mill rate expectation to meet the local share of education costs." 
The Department of Education shall pay the cost of a referendum conducted before or on 
January 15,2008.' 
Amend the amendment in Part XXXX by inserting after section 46 the following: 
'Sec. XXXX-47. Rulemaking for efficient, high-performing districts. The 
Commissioner of Education shall adopt major substantive rules, as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A, to establish criteria for the 
identification of efficient, high-performing school districts beginning with the 2008-2009 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,,' "to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
. school year. In establishing the criteria, the commissioner must be guided by the criteria 
used by the Maine Education Policy Research Institute in its 2007 report "The 
Identification of Higher and Lower Performing Maine Schools" and establish an 
efficiency factor for per-pupil expenditures for system administration. The commissioner 
shall provisionally adopt the rules and submit them to the Joint Standing Committee on 
Education and Cultural Affairs no later than December 1,2007.' 
Amend the amendment by inserting after Part XXXX the following: 
'PARTYYYY 
Sec. YYYY -1. Appropriations and allocations.' The following appropriations 
and allocations are made. 
COMMUNITY COLLEGE SYSTEM, BOARD OF TRUSTEES OF THE MAINE 
Maine Community College System - Board of Trustees 0556 
Initiative: Adjusts the appropriations in Part A regarding the Maine Community College 
System. 
,·24 
GENERAL FUND 
2007-08 
2008-09 
All Other 
($1,000,000) 
$1,000,000 
GENERAL FUND TOTAL 
($1,000,000) 
$1,000,000 
COMMUNITY COLLEGE SYSTEM, BOARD OF 
TRUSTEES OF THE MAINE 
DEPARTMENT TOTALS 
2007-08 
2008-09 
GENERAL FUND 
($1,000,000) 
$1,000,000 
DEPARTMENT TOTAL-ALL FUNDS 
($1,000,000) 
$1,000,000 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS) 
Disproportionate Share - Riverview Psychiatric Center 0733 
Initiative: Provides funding for a one-dollar-per-hour stipend for certain staff working in 
the Riverview Psychiatric Center's 2 admission units as a continuation of the proposal 
included in the fiscal year 2006-07 emergency budget request. This initiative will be self-
funded by a reduction in the All Other line category. 
GENERAL FUND 
Personal Services 
2007-08 
$34,136 
HOUSE AMENDMENT 
2008-09 
$34,451 
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HOUSE AMENDMENT" I "to COMMITTEE AMENDMENT" A" to H.P. 383, L.D. 499 
All Other 
GENERAL FUND TOTAL 
Riverview Psychiatric Center 0105 
($34,136) 
($34,451) 
$0 
$0 
Initiative: Provides funding for a one-dollar-per-hour stipend for certain staff working in 
the Riverview Psychiatric Center's 2 admission units as a continuation of the proposal 
included in the fiscal year 2006-07 emergency budget request. This initiative will be self-
funded by a reduction in the All Other line category. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
REALm AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY BDS) 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENTTOTAL-ALLFUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2007-08 
$58,575 
($58,575) 
$0 
2007-08 
$0 
$0 
$0 
2007-08 
($1,000,000) 
$0 
($1,000,000) 
2008-09 
$59,090 
($59,090) 
$0 
2008-09 
$0 
$0 
$0 
2008-09 
$1,000,000 
$0 
$1,000,000 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment strikes out duplicate language that is properly found on page 370, 
lines 11 to 14 in the committee amendment. 
HOUSE AMENDMENT 
HOUSE AMENDMENT ~ 
COMMITTEE AMENDMENT "A' .. H.P. 383, !.D. 499 
This amendment inserts the General Fund appropriation for the Maine Historical 
Society that was inadvertently omitted from the committee amendment. 
This amendment also corrects language covering a reduction of allotments. 
This amendment corrects a reference to the building in the Lockwood Mill Historic 
District in the City of Waterville for which a taxpayer is entitled to a historic 
rehabilitation tax credit. It also changes the tax years for which the credit is allowed. 
This amendment makes the following changes to Part XXXX: 
1. It amends the language authorizing regional school unit boards to create local 
school committees by removing unneeded language. 
2. It clarifies that cost-sharing agreements pursuant to certain laws remain in effect 
unless the parties to the agreement modify or terminate the agreement. 
3. It clarifies that a municipality that is part of a regional school unit may raise 
money and direct· the. spending of those funds to a school serving children from 
kindergarten to grade 8. 
. 
4. It amends the penalty provisions for nonconforming school administrative units 
by: 
A. Providing a 50% reduction in the minimum state allocation, rather than the full 
amount; 
B. Adjusting the cost component for system administration by half, rather than to 
zero; 
C. Removing the ineligibility for the isolated small school adjustment; and 
D. Removing the percentage increase of the unit's mill rate. 
5. 
It adjusts the full-value education mill rate for nonconforming school 
administrative units. 
6. 
It clarifies the intent of the Legislature to' achieve sustainable, long-term 
administrative efficiencies by consolidating the current number of school units into 80 
regional units or into a number of units that meets the administrative efficiencies 
- 28 
established by Part XXXX. 
7. It adds language that allows for an efficient, high-performing district to submit a 
notice of intent to submit an alternate plan. 
8. It adds a requirement that school administrative units must exercise due diligence 
and act in good faith in developing a reorganization plan. 
9. It allows·an exception to the minimum student population parameter for a school 
administrative unit that has performed due diligence to develop a regional plan but is 
surrounded by other units that are included in other consolidation plans. 
10. 
It removes the percentage reductions under the plan parameters and instead 
requires reorganizing administrative functions, duties and non instructional personnel so 
that projected expenditures will not have an adverse impact on the instructional program. 
HOUSE AMENDMENT 
HOUSE AMENDMENT 1-.. COMMITTEE AMENDMENT "A' to H.P. 383. L.n. 499 
11. It requires written findings by the Commissioner of Education providing specific 
reasons why a plan does not meet with the requirements of Part XXXX if the plan is 
returned to the governing body of the affected school administrative units. 
12. It prohibits the Commissioner of Education from making a finding that a plan 
does not meet the requirements of Part XXXX solely on the ground that a finding that it 
meets the requirements would cause the number of school administrative units to exceed 
80. 
13. It also am~nds the referendum procedure to provide for a 2nd referendum date of 
June 10,2008 for plans that did not meet the requirements of Part XXXX. 
14. It adds a provision requiring the Commissioner of Education to establish criteria 
II 
for high-performing and low-performing districts. 
This amendment enacts a Part YYYY that adjusts theapproPTiation made in Part A 
relating to the Maine Community College System and makes an appropriation and an 
allocation to the Department of Health and Human Services that were inadvertently 
omitted from the committee amendment. 
FISCAL NOTE REQUIRED 
SPONSORED BY: _-"I'-<~~~~~..-q.:........c:~;:::.-__ 
(Representative FIS 
TOWN: Presque Isle 
HOUSE AMENDMENT 
Approved: 06106/07 
;ld12c!' 
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LD499 
LR2452(55) 
An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, 
General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper 
Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009 
Fiscal Note for House Amendment ~ 
to Committee Amendment "A" 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Sponsor: Rep. Fischer of Presque Isle 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
($1,000,000) 
($1,000,000) 
$0 
2008-09 
$1,000,000 
$1,000,000 
$0 
Projections 
2009-10 
$1,001,061 
$1,001,061 
$1,819 
Projections 
2010-11 
$1,002,154 
$1,002,154 
$3,695 
This amendment decreases the General Fund cost of the bill by $1,000,000 in fiscal year 2007-08 and increases the 
General Fund cost of the bill by $1,000,000 in fiscal year 2008-09. Based on available balances, a balanced General 
Fund budget is maintained. 
Part A appropriations inadvertently left out of Part A of the Cominittee Amendment were accounted for in the fiscal 
note for the Committee Amendment. 
LR2452(55) - Fiscal Note ~Page 1 of 1