An Act To Correct Errors in Recently Enacted Legislation IO
Maine Legislature, Session 130, LD 2041
Senate Amendment SA_A_S651 (Senate)
Amends: 20-A MRSA §6602, 5 MRSA §157

SENATE AMENDMENT" A "to H.P. 1544, L.D. 2041, "An Act To Correct Errors 
in Recently Enacted Legislation" 
IO 
Amend the bill by inserting after the title and before the enacting clause 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, breakfast is the most important meal of the day and an adequate arid healthy 
lunch is necessary to ensure that students can learn to the best of their abilities; and 
Whereas, students in certain private schools that have chosen to participate in the 
National School Lunch Program may not have access to adequate and healthy breakfasts 
andlunches;and 
Whereas, in order to provide money to pay for an expansion of the State's obligation 
to reimburse schools for the provision of adequate and healthy breakfasts and lunches, the 
fund from which the money is to come must not be allowed to lapse; 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,' 
Amend the bill by inserting after Part B the following: 
'PARTC 
Sec. C-1. 20-A MRSA §6602, sub-§1, ~' as amended by PL 2021, c. 398, Pt. 
0000, § 1, is further amended to read: 
B. A public school or a private school approved for tuition purposes, as defined in 
section L subsection 23, that enrolls at least 60% publicly funded students as 
determined by the previous year's October and April average enrollment and 
participates in the National School Lunch Program in accordance with 7 Code of 
3 
Federal Regulations, Part 210 (2007) that serves breakfast shall provide a student who 
is eligible for free and reduced-price meals under paragraph A a meal that meets the 
requirements of the federal School Breakfast Program set forth in 7 Code of Federal 
6 
Regulations, Part 220 (2007) at no cost to the student. The State shall provide to the 
SENATE AMENDMENT 
SENATE AMENDMENT"(,} "to H.P. 1544, L.D. 2041 C 
"0-(a.6\) 
public school or private school funding equal to the difference between the federal 
reimbursement for a free breakfast and the federal reimbursement for a reduced-price 
breakfast for each student eligible for a reduced-price breakfast and receiving 
breakfast. 
Sec. C-2. 20-A MRSA §6602, sub-§1, ~' as amended by PL 2021, c. 398, Pt. 
0000, §2, is further amended to read: 
D. A public school or a private school approved for tuition purposes, as defined in 
section 1, subsection 23, that enrolls at least 60% publicly funded students as 
determined by the previous year's October and April average enrollment and 
participates in the National School Lunch Program in accordance with 7 Code of 
Federal Regulations, Part 210 (2007) that serves lunch shall provide a student who is 
eligible for free and reduced-price meals under paragraph A a meal that meets the 
requirements of the federal National School Lunch Program set forth in 7 Code of 
Federal Regulations, Part 210 (2019) at no cost to the student. The State shall provide 
to the public school or private school funding equal to the difference between the 
federal reimbursement for a free lunch and the federal reimbursement for a reduced-
price lunch for each student eligible for a reduced-price lunch and receiving lunch. 
Sec. C-3. 20-A MRSA §6602, sub-§1, ~' as enacted by PL 2021, c. 398, Pt. 
0000, §3, is amended to read: 
H. A public school or a private school approved for tuition purposes, as defined in 
section 1, subsection 23, that enrolls at least 60% publicly funded students as 
determined by the previous year's October and April average enrollment and 
participates in the National School Lunch Program in accordance with 7 Code of 
Federal Regulations, Part 210 (2007) that serves breakfast shall provide a student who 
is ineligible for free or reduced-price meals under paragraph A a meal that meets the 
requirements of the federal School Breakfast Program set forth in 7 Code of Federal 
Regulations, Part 220 (2007) at no cost to the student. The State shall provide to the 
public school or private school funding equal to the difference between the federal 
reimbursement for a free breakfast and the full price of the breakfast for each student 
ineligible for a free or reduced-price breakfast and receiving breakfast. 
Sec. C-4. 20-A MRSA §6602, sub-§1, ~' as enacted by PL 2021, c. 398, Pt. 
0000, §4, is amended to read: 
I. A public school or a private school approved for tuition purposes, as defined in 
section 1, subsection 23, that enrolls at least 60% publicly funded students as 
determined by the previous year's October and April average enrollment and 
participates in the National School Lunch Program in accordance with 7 Code of 
Federal Regulations, Part 210 (2007) that serves lunch shall provide a student who is 
ineligible for free or reduced-price meals under paragraph A a meal that meets the 
requirements of the federal National School Lunch Program set forth in 7 Code of 
Federal Regulations, Part 210 (2019) at no cost to the student. The State shall provide 
to the public school or private school funding equal to the difference between the 
federal reimbursement for a free lunch and the full price of the lunch for each student 
ineligible for a free or reduced-price lunch and receiving lunch. 
SENATE AMENDMENT 
SENATE AMENDMENT" /J "to H.P. 1544, L.D. 2041 (5- (Q_5l j 
Sec. C-5. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Meals for Publicly Funded Students at Private Academies N419 
Initiative: Allocates one-time funds to pay the difference between the federal 
reimbursement for a free breakfast or lunch and the full price of a breakfast or lunch for 
publicly funded students that attend a private school approved for tuition purposes that 
enrolls 60% or more publicly funded students that are ineligible for a free or reduced-price 
breakfast or lunch. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
PARTD 
2021-22 
$0 
$0 
2022-23 
$500,000 
$500,000 
Sec. D-1. 5 MRSA §157, sub-§2, as enacted by PL 2019, c. 617, Pt. I, §1, is 
amended to read: 
2. 
Termination; repeal. The fund is terminated on June 30, 2022. Upon the 
termination of the Loan Guarantee Program, the State Controller shall transfer any funds 
remaining in the fund to the unappropriated surplus of the General Fund Meals for Publicly 
Funded Students at Private Academies program, Other Special Revenue Funds account 
within the Department of Education. 
Sec. D-2. Effective date. This Part takes effect when approved.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect 90 days after the adjournment of the Second Regular Session of the 130th 
Legislature, except as otherwise indicated.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment adds students in private schools that enroll at least 60% publicly 
funded students and that participate in the National School Lunch Program to the State's 
school lunch and milk program and requires the State to provide funding to those private 
schools in an amount equal to the difference between the federal reimbursement for a free 
or reduced-price meal for each student eligible for and receiving a free or reduced-price 
6 
meal and the full price of the meal for each student ineligible for and receiving a free or 
7 
reduced-price meal. 
8 
This amendment amends the provision of law that requires the State Controller to 
transfer any remaining funds in the Loan Guarantee Program Fund within the Office of the 
Treasurer of State to the unappropriated surplus of the General Fund on June 3 0, 2022 to 
instead require the State Controller to transfer the funds to a newly established Meals for 
SENATE AMENDMENT 
~os 
SENATE AMENDMENT "/i "to H.P. 1544, L.D. 2041 ($-w._0) 
Publicly Funded Students at Private Academies program, Other Special Revenue Funds 
account within the Department of Education on June 30, 2022. 
This amendment adds an emergency preamble and an emergency clause that results in 
the effective date of the Act being 90 days from the adjournment of the Second Regular 
Session of the 130th Legislature, except for the provision that requires the State Controller 
to transfer the funds to a newly established Meals for Publicly Funded Students at Private 
Academies program, Other Special Revenue Funds account within the Department of 
Education on June 30, 2022. 
SPONSOREDBY: ~ 
(Senator BAILEY, D.) 
COUNTY: York 
FISCAL NOTE REQUIRED 
(See attach~ ~;J.i?1·'"
"' 
SENATE AMENDMENT 
( 
Approved: 05/09/22 ;:k?ae 
Net Cost (Savings) 
General Fund 
_ ... ppropriations/ Allocations 
LD 2041 
LR 2726(03) 
An Act To Correct Errors in Recently Enacted Legislation 
Fiscal Note for Senate Amendment "IJ' to Original Bill ls-~--0 
Sponsor: Sen. Bailey of York 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
$500,000 
$0 
Projections 
FY 2023-24 
$0 
Other Special Revenue Funds 
$0 
$500,000 
$0 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
($500,000) 
$0 
$0 
$0 
$0 
$0 
Projections 
FY 2024-25 
$0 
$0 
$0 
$0 
This amendment provides for free breakfast and lunch for those eligible students that attend a private school approved 
for tuition purposes that enrolls 60% or more publicly funded students that has opted to participate in the National 
School Lunch Program that are ineligible for a free or reduced-priced breakfast or lunch beginning in the 2022-2023 
school year. 
This amendment repeals the requirement in Title 5, section 157, subsection 2 that the State Controller transfer any 
funds remaining in the Loan Guarantee Program Fund within the Office of the Treasurer to the unappropriated surplus 
of the General Fund on June 30, 2022 and instead requires the State Controller to transfer the remaining funds to a 
newly created Meals for Publicly Funded Students at Private Academies, Other Special Revenue Funds account 
within the Department of Education on June 30, 2022 to support the cost of the free meals. The current balance in the 
Loan Guarantee Program Fund is $500,000 and this fiscal note assumes that amount will be transferred. The 
amendment includes a one-time Other Special Revenue Funds allocation of $500,000 in fiscal year 2022-23 to 
authorize expenditures for the program. 
LR2726(03) - Fiscal Note - Page 1 of 1