An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change 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 2173
Committee Amendment CA_A-SA_L_S512 (Senate)
Amends: 20-A MRSA §4102, 20-A MRSA §5806, 20-A MRSA §15675, 20-A MRSA §15689-A, 20-A MRSA §15689-B, 20-A MRSA §15690, 24-A MRSA §6914

SENATE AMENDMENT " l-" to COMMITTEE AMENDMENT "A" to H.P. 
1547, L.D. 2173, Bill, "An Act To Make Supplemental Appropriations and Allocations 
for the Expenditures of State Government and To Change 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 by striking out all of Part C and inserting the following: 
'PART C 
Sec. C-l. 20-A MRSA §4102, sub-§4, ~A, as enacted by PL 1983, c. 422, §17, 
is amended to read: 
A. 
Elementary schools in school administrative districts and community school 
districts may only be closed if approved by the voters in accordance with the 
procedures set out in section 1407 afld sectiofl 1751, subsectiofl 5 1512 for regional 
school units. 
Sec. C-2. 20-A MRSA §5806, sub-§2, as amended by PL 1987, c. 463, is further 
amended to read: 
2. Maximum allowable tuition. The maximum allowable tuition charged to a 
school administrative unit by a private school shall be ~ the rate established under 
subsection I or the state average per public secondary student cost as adjusted, whichever 
is lower, plus an insured value factor. The insured value factor shall be ~ computed by 
dividing 5% of the insured value of school buildings and equipment by the average 
number of pupils enrolled in the school on October 1 st and April 1 st of the year 
immediately before the school year for which the tuition charge is computed. It may not 
exceed 10% of a school's legal tuition rate per student in anyone year begiflfliflg with the 
1988 89 school year. For the 2008-09 school year only, a school administrative unit is 
not required to pay an insured value factor greater than 5% of the school's tuition rate per 
student, unless the legislative body of the school administrative unit votes to authorize its 
school board to pay a higher insured value factor that is no greater than 10% of the 
school's tuition rate per student. 
SENATE AMENDMENT 
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SENATE AMENDMENT" L-:' to COMMITTEE AMENDMENT "A" to H.P. 1547, L.D. 2173 
For the 1988 89 saAool year only the state share of the increase in the insured valHe faator 
shall be paid in the year of allocation. 
Sec. C-3. 20-A MRSA §15675, sub-§l, ,A, as enacted by PL 2003, c. 504, Pt. 
A, §6, is amended to read: 
A 
For a school administrative unit with 15 or fewer limited English proficiency 
students, the unit receives an additional weight of ~ 
.70 per student; 
Sec. C-4. 20-A MRSA §15675, sub-§l, ~, as amended by PL 2005, c. 12, Pt. 
UU, §2 and affected by §§ 12 and 13 and Pt. WW, § 18, is further amended to read: 
B. For a school administrative unit with more than 15 and fewer than 251 limited 
English proficiency students, the unit receives an additional weight of d{) .50 per 
student; 
Sec. C-5. 20-A MRS A §15675, sub-§l, ,C, as amended by PL 2005, c. 12, Pt. 
UU, §2 and affected by §§ 12 and 13 and Pt. WW, § 18, is further amended to read: 
C. 
For a school administrative unit with 251 or more limited English proficiency 
students, the unit receives an additional weight of ~ 
.525 per student; and 
Sec. C-6. 20-A MRS A §15683-A, as enacted by PL 2005, c. 2, Pt. D, §49 and 
affected by §§72 and 74 and c. 12, Pt. WW, § 18, is amended to read: 
§15683-A. Total debt service allocation 
For each school administrative unit, that unit's total debt service allocation is that 
unit's debt service costs as defined in section 15672, subsection 2-A. For the 2008-09 
funding year only, for each school administrative unit, that unit's total debt service 
allocation is that unit's debt service costs as defined in section 15672, subsection 2-A 
excluding 80% of the insured value factor pursuant to section 15672, subsection 2-A, 
paragraph C. 
Sec. C-7. 20-A MRS A §15689, sub-§l,~, as amended by PL 2007, c. 240, Pt. 
C, §3, is further amended to read: 
B. The school administrative unit's special education costs as calculated pursuant to 
section 15681-A, subsection 2 mUltiplied by the following transition percentages: 
(1) In fiscal year 2005-06, 84%; 
(2) In fiscal year 2006-07, 84%; 
(3) In fiscal year 2007-08,84%; and 
(4) In fiscal year 2008-09 and sHcceeding years, +00%,. 50%; and 
(5) In fiscal year 2009-10 and succeeding years, 84%. 
Sec. C-8. 20-A MRSA §15689-A, sub-§12-A, as enacted by PL 2007, c. 240, 
Pt. D, §9, is amended to read: 
12-A. Learning through technology. The commissioner may pay costs attributed 
to staff support and system maintenance for a program that promotes learning through 
SENATE AMENDMENT 
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SENATE AMENDMENT" L' to COMMITTEE AMENDMENT "A" to H.P. 1547, L.D. 2173 
technology. 
A transfer of All Other funds from the General Purpose Aid for Local 
Schools account to Personal Services and All Other line categories in the Learning 
Through Technology General Fund nonlapsing account sufficient to support the Personal 
Services and All Other costs of one Education Team and Policy Director position, &He f. 
Education Specialist III position positions, one Planning and Research Associate I 
position, one Director of Special Projects position, one Education Specialist II position, 
the General Fund share of one Education Specialist II position and the agreement that 
provides one-to-one wireless computers for 7th grade, 8th grade and high school students 
and educators may occur annually by financial order upon recommendation of the State 
Budget Officer and approval of the Governor. 
Sec. C-9. 20-A MRS A §15689-A, sub-§16 is enacted to read: 
16. Transportation administration. The commissioner may pay costs attributed to 
staff support and system maintenance necessary to implement the transportation 
requirements of this chapter and chapter 215. A transfer of All Other funds from the 
General Purpose Aid for Local Schools account to Personal Services and All Other line 
categories in the Support Systems General Fund account sufficient to support the 
Personal Services and All Other costs of one Education Specialist III position may occur 
annually by financial order upon recommendation of the State Budget Officer and 
approval of the Governor. 
Sec. C-IO. 20-A MRSA §15689-B, sub-§7, as enacted by PL 2005, c. 2, Pt. D, 
§61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read: 
7. Required data; subsidy payments withheld. A school administrative unit shall 
provide the commissioner with information that the commissioner requests to carry out 
the purposes of this chapter, according to time schedules that the commissioner 
establishes. The commissioner may withhold monthly subsidy payments from a school 
administrative unit when information is not filed in the specified format and with specific 
content and within the specified time schedules. If the school administrative unit files the 
information in the specified format, the Department of Education shall include the 
payment of the withheld subsidy in the next regularly scheduled monthly subsidy 
payment. 
Sec. C-l1. 20-A MRS A §15689-B, sub-§7-A is enacted to read: 
7-A. Penalty for late submission of required data. Notwithstanding any other 
provision of this Title, the commissioner may implement the following subsidy penalty 
for a school administrative unit that is not in compliance with subsection 7. If a school 
administrative unit has not filed the required data pursuant to subsection 7 within 3 
months of the due date, a penalty equal to 1 % of that unit's monthly subsidy check times 
the number of months past due is assessed. 
Sec. C-12. 20-A MRSA §15690, sub-§l, ,C, as enacted by PL 2005, c. 2, Pt. D, 
§62 and affected by §§72 and 74 and c. 12, Pt. WW, § 18, is amended to read: 
C. The state share of the total cost of funding public education from kindergarten to 
grade 12 as described in section 15688, excluding state-funded debt service for each 
school administrative unit, is limited to the same proportion as the local school 
administrative unit raises of its required contribution to the total cost of education as 
SENATE AMENDMENT 
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SENATE AMENDMENT" l" to COMMITTEE AMENDMENT "A" to H.P. 1547, L.D. 2173 
described in section 15688, excluding state-funded debt service costs. For school 
administrative units that annually demonstrate savings by purchasing supplies using 
an electronic bidding forum, the commissioner may suspend all or a portion of any 
adjustment to the unit's state contribution pursuant to this paragraph. 
Sec. C-13. 20-A MRS A §15905, sub-§l, ~A, as amended by PL 2005, c. 519, 
Pt. J, §3, is further amended to read: 
A. The state board may approve projects as long as no project approval will cause 
debt service costs, as defined in section 15672, subsection 2-A, paragraph A, to 
exceed the maximum limits specified in Table 1 in subsequent fiscal years. 
Table 1 
Fiscal year 
Maximum Debt Service Limit 
1990 
$ 48,000,000 
1991 
$ 57,000,000 
1992 
$ 65,000,000 
1993 
$ 67,000,000 
1994 
$ 67,000,000 
1995 
$ 67,000,000 
1996 
$ 67,000,000 
1997 
$ 67,000,000 
1998 
$ 67,000,000 
1999 
$ 69,000,000 
2000 
$ 72,000,000 
2001 
$ 74,000,000 
2002 
$ 74,000,000 
2003 
$ 80,000,000 
2004 
$ 80,000,000 
2005 
$ 84,000,000 
2006 
$ 90,000,000 
2007 
$ 96,000,000 
2008 
$100,000,000 
2009 
$104,000,000 
2010 
$108,000,000 
2011 
$126,000,000 
2012 
$126,000,000 
2013 
$126,000,000 
Sec. C-14. Calculation. The Commissioner of Education shall, within 30 days of 
the effective date of this Part, calculate the mill expectation pursuant to the Maine 
Revised Statutes, Title 20-A, section 15671-A for fiscal year 2008-09 and the total cost of 
funding public education from kindergarten to grade 12 for fiscal year 2008-09 in 
accordance with this Part. The commissioner shall submit the information to the Joint 
Standing Committee on Education and Cultural Affairs. 
SENATE AMENDMENT 
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SENATE AMENDMENT" L" to COMMITTEE AMENDMENT "A" to H.P. 1547, L.D. 2173 
Sec. C-lS. Fiscal year 2007-08 carry forward. Notwithstanding any other 
provision of law, in implementing the $500,000 reduction in fiscal year 2008-09, the 
Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter 
School for the Deaf must exhaust all funds carried forward from the 2007-08 fiscal year 
before reducing any educational programs and services provided to students. 
Sec. C-16. 
Retroactivity. 
That section of this Part that amends the Maine 
Revised Statutes, Title 20-A, section 4102, subsection 4, paragraph A applies 
retroactively to June 7, 2007.' 
Amend the amendment by inserting after Part MMMM the following: 
'PARTNNNN 
Sec. NNNN-l. 22 MRS A §3174-G, sub-§l, ~, as amended by PL 2003, c. 
469, Pt. A, §5 and affected by c. 673, Pt. Y, §3, is further amended to read: 
E. 
The parent or caretaker relative of a child described in paragraph B or 0 when 
the child's family income is equal to or below ~ 
125% of the nonfarm income 
official poverty line, subject to adjustment by the commissioner under this paragraph. 
Medicaid services provided under this paragraph must be provided within the limits 
of the program budget. Funds appropriated for services under this paragraph must 
include an annual inflationary adjustment equivalent to the rate of inflation in the 
Medicaid program. On a quarterly basis, the commissioner shall determine the fiscal 
status of program expenditures under this paragraph. If the commissioner determines 
that expenditures will exceed the funds available to provide Medicaid coverage 
pursuant to this paragraph, the commissioner must adjust the income eligibility limit 
for new applicants to the extent necessary to operate the program within the program 
budget. If, after an adjustment has occurred pursuant to this paragraph, expenditures 
fall below the program budget, the commissioner must raise the income eligibility 
limit to the extent necessary to provide services to as many eligible persons as 
possible within the fiscal constraints of the program budget, as long as the income 
limit does not exceed 200% of the nonfarm income official poverty line; and 
Sec. NNNN-2. 24-A MRSA §6914, as amended by PL 2005, c. 400, Pt. A, § 14, 
is repealed. 
Sec. NNNN-3. MaineCare childless adult waiver; expenditure cap. The 
Commissioner of Health and Human Services shall continue initiatives to control 
spending in the MaineCare childless adult waiver program until the program's spending 
is reduced to and maintained at a level that does not exceed $57,000,000 in combined 
annual federal and state spending. 
Sec. NNNN-4. Appropriations and allocations. The following appropriations 
and allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Medical Care - Payments to Providers 0147 
Initiative: Reduces funding by managing enrollment in the childless adult waiver program 
and maximizing the use of the federal allocation in the Qualified Individual program and 
SENATE AMENDMENT 
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SENATE AMENDMENT" L..:. to COMMITTEE AMENDMENT "A" to H.P. 1547. L.D. 2173 
other efficiencies in the MaineCare program. This initiative relates to the curtailments 
ordered in Financial Order 003S06 FS. 
S 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Medical Care - Payments to Providers 0147 
2007-08 
$0 
$0 
2008-09 
($S, 13 8,324) 
($S,138,324) 
2007-08 
2008-09 
$0 
($14,553,225) 
$0 
($14,553,225) 
Initiative: Reduces funds to reflect a reduction in the eligibility level from 200% to 125% 
of the federal poverty level for the parents of MaineCare-eligible children. 
IS 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Medical Care - Payments to Providers 0147 
2007-08 
$0 
2008-09 
($8,002,702) 
$0 
($8,002,702) 
2007-08 
2008-09 
$0 
($21,909,621) 
$0 
($21,909,621) 
2007-08 
$0 
$0 
2008-09 
($4,699,500) 
($4,699,500) 
Initiative: Reduces funding from continuing initiatives to control spending in the childless 
adult waiver program until the program's spending is reduced to and maintained at a level 
that does not exceed $57,000,000 in combined annual federal and state spending. 
SENA TE AMENDMENT 
SENATE AMENDMENT" L" to COMMITTEE AMENDMENT "A" to H.P. 1547, L.D. 2173 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
PART 0000 
2007-08 
$0 
$0 
2007-08 
$0 
$0 
2007-08 
$0 
$0 
$0 
$0 
2008-09 
($3,945,700) 
($3,945,700) 
2008-09 
($7,055,400) 
($7,055,400) 
2008-09 
($20,086,726) 
($43,518,246) 
($4,699,500) 
($68,304,472) 
Sec. 0000-1. Transfer of funds from Maine Budget Stabilization Fund. 
Pursuant to the Maine Revised Statutes, Title 5, chapter 142, the State Controller shall 
transfer $17,179,386 by June 30, 2009 from the Maine Budget Stabilization Fund to the 
unappropriated surplus of the General Fund. 
PARTPPPP 
Sec. PPPP-1. Appropriations and allocations. The following appropriations 
and allocations are made. 
EDUCATION, DEPARTMENT OF 
General Purpose Aid for Local Schools 0308 
Initiative: Appropriates funding for the state share of General Purpose Aid for Local 
Schools and restores the State's contribution to 55% of 100% of Essential Programs and 
Services. 
SENATE AMENDMENT 
SENATE AMENDMENT "L" to COMMITTEE AMENDMENT "A" to H.P. 1547, L.D. 2173 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2007-08 
$0 
$0 
2008-09 
$37,266,112 
$37,266,112 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment restores funding for General Purpose Aid for Local Schools. It 
reduces the eligibility level for parents of MaineCare-eligible children from 200% to 
125%. It repeals the requirement for Dirigo Health to transfer funds to MaineCare to 
fund the state seed for parents at 150% to 200% of the federal poverty level. It further 
l3 
restricts spending for the MaineCare childless adult waiver program to $57,000,000 per 
year in combined federal and state spending. It transfers funds from the Maine Budget 
Stabilization Fund to the unappropriated surplus of the General Fund. 
FISCAL NOTE REQUIRED 
SPONSORED BY: -r-"""flA~'\-\;oI~~~"""-'.&.......:\-----
(Senator COU 
COUNTY: Yo k 
SENATE AMENDMENT 
Approved: 03/27 108 
~ae 
LD 2173 
LR3445(51) 
An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State 
Government and To Change 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 Senate Amendment" L " to Committee Amendment "A" 
Net Cost (Savings) 
General Fund 
A ppropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Other Special Revenue Funds 
Transfers 
General Fund 
Fiscal Detail and Notes 
Sponsor: Sen. Courtney of York 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
$0 
$0 
$0 
2008-09 
$0 
$17,179,386 
($43,518,246) 
($4,699,500) 
$17,179,386 
Projections 
2009-10 
$17,179,396 
$17,179,396 
($43,518,246) 
($4,699,500) 
$0 
Projections 
2010-11 
$17,179,396 
$17,179,396 
($43,518,246) 
($4,699,500) 
$0 
This amendment will have no net effect on General Fund appropriations and revenue and a balanced budget is 
maintained for the 2008-2009 biennium. 
LR3445(51) - Fiscal Note - Page 1 of I