Consolidation's new layer of complexity

The reality officially struck Education Committee members today that amending Maine's school district consolidation law will be no simple matter in the 124th Legislature.

Lawmakers have submitted more than 30 proposals to amend some aspect of school district reorganization rules, or completely wipe them off the books. But this legislative session, amending the law is more complicated than shepherding amendments through the legislative process.

What's the hang-up?

The citizen-driven effort that would repeal the state's consolidation law.

If the Secretary of State's office certifies the repeal proponents' petition signatures on Monday, legislators will take up the repeal question this winter. If they vote no, voters will see the question at the polls either in November or at another date specified by the Legislature. That pending initiative casts a shadow over the legislative process as it relates to consolidation.

As I reported in November, consolidation amendments legislators approve by simple majority this session become competing measures voters can choose from on the referendum ballot. If legislators want to include a provision as part of the law that will likely be up for repeal, two-thirds of lawmakers must approve it.

Education Committee members today asked Education Commissioner Susan Gendron and Legislative Analyst Phillip McCarthy who determines what constitutes a competing measure.

The Attorney General's office can render an opinion, McCarthy said. And the Office of Policy and Legal Analysis can "red flag" every bill that appears to be a competing measure, he said.

Ultimately, though, legislators determine what is a competing measure and what isn't.

Consolidation is already a complicated topic with new complexities revealing themselves regularly. For legislators, here is but one more.