An Act To Waive Certain Penalties Imposed against School Administrative Units if the State Has Not Fulfilled Its Goal of Paying 55% of Costs
Maine Legislature, Session 124, LD 1735
Sponsors: ROTUNDO, CRAVEN, BEAULIEU, BICKFORD, CAREY, LAJOIE, WAGNER
Amends: 20-A MRSA §15690

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
Legislative Document 
No. 1735 
H.P. 1233 
House of Representatives, January 1 2010 
An Act To Waive Certain Penalties Imposed against School 
Administrative Units if the State Has Not Fulfilled Its Goal of 
Paying 55% of Costs 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the CommIttee on Edl,H::ation and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative ROTUNDO of Lewiston. 
'17/~ 111· 77!dC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by R~presentative WAGNER of Lyman, Senator CRAVEN of Androscoggin and 
Representatives: BEAULIEU of Auburn, BICKFORD of Auburn, CAREY of Lewiston, 
LAJOIE of Lewiston, WAGNER of Lewiston. 
Printed un rccycbl paper 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Maine Revised Statutes, Title 20-A, section 15671, subsection 
provides that the State and each local school administrative unit are jointly responsible 
for contribut.ing to the cost of the components of essential programs and services as a 
state and local partnership;.and 
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Whereas, the level of the state share of funding of the cost of the components of 
essential programs and services was intended to be 55% for fiscal year 20 J 0-11 and 
thereafter; and 
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Whereas, Title 20-A, section 15690, subsection 1, paragraph C provides for a 
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proportional reduction of state subsidy for a local school administrative unit that fails to 
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.raise the full amount of its required local contribution; and 
Whereas, it appears that, because of budgetary constraints in the next few years, the 
State will not be able to meet its goal of contributing 55% to the cost of the components 
of essential programs and services; and 
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Whereas, in view of such anticipated reductions in the State's contribution, it would 
be unfair to re'quire local school administrative units to continue to raise the full amount 
of their local contributions; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within. 
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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 §15690, sub-§l, ~C, as amended by PL 2007, c. 539, Pt. C, 
25. 
§ 15, is further amended to read; 
,C. The state share of the total cost of fllliding 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 
described in section 15688, excluding state-funded debt service costs. For school. 
administrative units that annually demonstrate savings by purchasing supplies using 
aD electronic bidding forum, the commissioner may suspend all or a p0I1ion of any 
adjustment to the unit's state contribution pursuant to this paragraph. In any fiscal 
year in which the sum of the State's contribution toward the cost of the components 
of essential programs and services, exclusive of federal funds that are provided and 
accounted for in the cost of the components of essential programs and services, plus 
any federal stimulus funds applied to the State's contribution, falls below the State's 
target of 55% of the cost of the components of essential programs and services, the 
commissioner shall calculate the percentage of the State's 55% share that is funded 
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by state appropriations and federal stimulus funds, and, notwithstanding any other 
provision of this paragraph, a school administrative unit that raises at least that same 
percentage of its required local contribution to the total cost of funding public 
education from kindergarten to grade 12, including state-funded debt service, as the 
State's contribution plus federal stimulus funds toward its 55% share of the cost of the 
components of essential programs and services may not have the amount of its state. 
subsidy limited or reduced'under this paragraph. 
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Emergency clause. 
In view of the emergency cited III the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill provides that if the State is able to fund only a percentage of its 55% share 
of the cost of the components of essential programs and services, local school 
administrative units that raise at least that same percentage of their required 
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contribution may not be penalized by further reductions in state subsidy.