H.P. 1437 - L.D. 2001
An Act to Amend the Maine Indian Claims Settlement Act Regarding Education Funding
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the educational funding provision in current law that enables schools operated by the Passamaquoddy Tribe and the Penobscot Nation to obtain significant additional federal funding will expire on June 30, 1998; and
Whereas, this federal funding reduces state general purpose aid to those schools operated by the Passamaquoddy Tribe and the Penobscot Nation; and
Whereas, a report from the Department of Education filed with the Joint Standing Committee on Education and Cultural Affairs showed average annual savings in general purpose aid of nearly $750,000, while the tribal schools also benefited from additional federal funding; and
Whereas, it is necessary to continue this provision of law that allows the Passamaquoddy Tribe and the Penobscot Nation to obtain certain federal funding that would otherwise not be available to support the schools that they operate; 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 enacted by the People of the State of Maine as follows:
Sec. 1. 30 MRSA §6211, sub-§2, as amended by PL 1991, c. 705, §1 and affected by §§4 and 5, is further amended to read:
2. Limitation on eligibility. In computing the extent to which either the Passamaquoddy Tribe or the Penobscot Nation is entitled to receive state funds under subsection 1, other than funds in support of education, any money received by the respective tribe or nation from the United States within substantially the same period for which state funds are provided, for a program or purpose substantially similar to that funded by the State, and in excess of any local share ordinarily required by state law as a condition of state funding, must be deducted in computing any payment to be made to the respective tribe or nation by the
State. Unless otherwise provided by federal law, in computing the extent to which either the Passamaquoddy Tribe or the Penobscot Nation is entitled to receive state funds for education under subsection 1, the state payment must be reduced by 15% of the amount of federal funds for school operations received by the respective tribe or nation within substantially the same period for which state funds are provided, and in excess of any local share ordinarily required by state law as a condition of state funding. A reduction in state funding for secondary education may not be made under this section except as a result of federal funds received within substantially the same period and allocated or allocable to secondary education. This subsection is repealed June 30, 1998.
Sec. 2. 30 MRSA §6211, sub-§2-A, as enacted by PL 1991, c. 705, §2 and affected by §5, is repealed.
Sec. 3. Effective date. This Act does not take effect unless, within 60 days after adjournment of the Legislature, the Secretary of State receives written notification by the Joint Tribal Council of the Passamaquoddy Tribe and by the Tribal Chief and council of the Penobscot Nation that the tribe and nation have agreed to the provisions of this Act pursuant to 25 United States Code, Section 1725(e)(1), copies of which must be submitted by the Secretary of State to the Secretary of the Senate and the Clerk of the House of Representatives.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 26, 1998, unless otherwise indicated.
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