Resolve, Regarding Legislative Review of Chapter 61: State Board of Education Rules for Major Capital School Construction Projects, a Major Substantive Rule of the Department of Education and the State Board of Education
Maine Legislature, Session 123, LD 2123
Committee Amendment CA_B_H869 (House)
Committee: Education and Cultural Affairs

COMMITTEE AMENDMENT ".8" to H.P. 1503, L.D. 2123, "Resolve, Regarding 
Legislative Review of Chapter 61: State Board of Education Rules for Major Capital 
School Construction Projects, a Major Substantive Rule of the Department of Education 
and the State Board of Education" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 61: 
State Board of Education Rules for Major Capital School Construction Projects, a 
provisionally adopted major substantive rule of the Department of Education and the 
State Board of Education that has been submitted to the Legislature for review pursuant 
to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if: 
1. Eligibility for state funding. The portion of Section 6 of the rule designated as 
subsection 2, "Eligibility for State Funding" is amended to establish that, as a condition of 
approval for state funding, the applicant school administrative unit must demonstrate that 
the proposed solution is equivalent to or better than other options after taking into 
consideration all resources and facilities within the region, including those that are 
reasonably available from other school administrative units. 
The Department of Education and the State Board of Education are not required to 
hold hearings or undertake further proceedings prior to final adoption of the rule in 
accordance with this emergency resolve.' 
Page J- 123LR3425(04)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '(3)" to H.P. 1503, L.D. 2123 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Education 
and Cultural Affairs. The amendment provides that the provisionally adopted rule is 
authorized only if the rule is amended to include that, as a condition for approval for state 
funding, the applicant school administrative unit demonstrates that the proposed solution 
is equivalent to or better than other options after taking into consideration all resources 
and facilities within the region, including those that are reasonably available from other 
school administrative units. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/24/08 ;l?/ac:.. 
LD 2123 
LR 3425(04) 
Resolve, Regarding Legislative Review of Chapter 61: State Board of Education Rules for Major 
Capital School Construction Projects, a Major Substantive Rule of the Department of Education and 
the State Board of Education 
Fiscal Note for Bill as Amended by Committee Amendment '...8" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Add itional costs to the Department of Education associated with making the required changes prior to final adoption 
of portions of Chapter 61 can be absorbed within existing budgeted resources. 
LR3425(04) - Fiscal Note - Page 1 of 1