An Act To Allow Minor Capital School Improvement Projects To Be Permitted Costs under Essential Programs and Services
Maine Legislature, Session 124, LD 1686
Committee Amendment CA_A_H660 (House)

COMMITTEE AMENDMENT "It" to H.P. 1187, L.D. 1686, Bill, "An Act To 
Allow Minor Capital School Improvement Projects To Be Permitted Costs under 
Essential Programs and Services" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Clarify the Reporting of Debt Service Costs and the Allowance of 
Minor Capital School Improvement Projects Costs under Essential Programs and 
Services' 
Amend the bill by striking out evelything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and -
Whereas, many school administrative units have an immediate need to submit 
proposals for approval under the school funding fonTIula for recognition of non-state-
funded debt service expenditures incurred for minor capital school improvement projects; 
and 
Whereas, it may be neceSSaIY to change the law to allow for reimbursement for 
these non-state-funded debt service expenditures; and 
Whereas, a review of current law and state policy pertaining to the funding and 
repOlting requirements for these projects must be initiated before the 90-day period 
expires in order that the study may be completed and a repOlt submitted in time for 
submission to the next legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
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 I - 124LR2311(02)-1 
COMMITTEE AMENDMENT 
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COMMITI'EE AMENDMENT" A" to II.P. 1187, L.D. 1686 
Sec. 1. Review of essential programs and services requirements for non-
state-funded debt service expenditures incurred for minor capital school 
improvement projects. Resolved: That the Commissioner of Education shall 
convene a stakeholder group to review current state law related to recognizing, funding 
and approving non-state-funded debt service costs incurred for minor capital school 
improvement projects; and be it further 
Sec. 2. Stal{eholder group. Resolved: That the Commissioner of Education or 
the commissioner's designee is a member of the stakeholder group. The Commissioner of 
Education shall invite the participation of representatives of the following educational 
associations: 
I. The Maine School Superintendents Association; 
2. The Maine Association of School Business Officials; and 
3. The Maine School Boards Association. 
The commissioner may invite any other person the commissioner determines will 
contribute to the development of effective policies related to the issues to be reviewed by 
the stakeholder group; and be it further 
Sec. 3. 
Duties. Resolved: That the Commissioner of Education and the 
stakeholder group shall review the provisions of the Essential Programs and Services 
Funding Act pertaining to funding and reporting requirements for approval for 
reimbursement of non-state-funded debt service costs incurred for minor capital school 
improvement projects. The stakeholder group shall develop recommendations to change, 
as necessary, relevant provisions in the school funding formula to appropriately address 
these local expenditures. The recommendations must include, but are not limited to, 
recommendations relating to: 
1. How school administrative unit expenditures for non-state-funded debt service 
costs incurred for minor capital school improvement projects should be recognized under 
the Essential Programs and Services Funding Act, particularly with respect to how these 
expenditures should be counted towards the amount of locally raised funds that meet or 
exceed the local cost share expectation as defined in the Maine Revised Statutes, Title 
20-A, section 15671-A, subsection 1, paragraph B; 
2. The types of expenditures, including the replacement of windows, a boiler or a 
roof, that may be included as non-state-funded debt service costs incurred for minor 
capital school improvement projects that are recognized as part of the amount of locally 
raised funds that meet the local cost share expectation; 
3. How school administrative units should report expenditures for non-state-funded 
debt service expenditures incurred for minor capital school improvement projects; 
4. How to clarify the school funding formula requirements related to the adoption and 
approval of expenditures for non-state-funded debt service costs incurred for minor 
capital school improvement projects, including how to more effectively communicate to 
the public how these expenditures are reflected in the language that is included in school 
budget articles and explanations that are presented to the voters to adopt and approve the 
school budget; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,4 " 
to H.P. 1187, L.D. 1686 
5. Any other policy issue pertaining to the recognition and funding of debt service 
costs that a majority of the stakeholder group detennines to be necessary and useful to 
improving public policy related to the appropriate maintenance and improvement of 
school facilities in the State; and be it fill1her 
Sec. 4. Report. Resolved: That the Commissioner of Education shall present the 
findings and recommendations of the stakeholder group to the joint standing committee 
of the Legislature having jurisdiction over education matters by January 15, 20 II. 
Following receipt of the rep0l1, the joint standing committee of the Legislature having 
jurisdiction over education matters may submit a bill relating to the matters addressed in 
the rep0l1 to the First Regular Session of the 125th Legislature. 
II 
Emergency clause. 
]n view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill with a resolve that directs the Commissioner of 
Education to convene a stakeholder group to review current state law related to 
recognizing, funding and approving non-state-funded debt service costs incurred for 
minor capital school improvement projects. 
The Commissioner of Education shall 
present the findings and recommendations of the stakeholder group by January 15, 20 II 
to the joint standing committee of the Legislature having jurisdiction over education 
matters. Following receipt of the rep0l1, the committee may submit a bill relating to the 
matters addressed in the rep0l1 to the First Regular Session of the 125th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/23/10 Mac:.. 
LD 1686 
LR 2311(02) 
An Act To Allow Minor Capital School Improvement Projects To Be Permitted Costs under Essential 
Programs and Services 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment I~" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Depal1ment of Education to conduct the required review and prepare the required report can be 
absorbed within existing budgeted resources. 
LR23 II (02) - Fiscal Note - Page I of I 
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