An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009

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 90-day period may not terminate until after the beginning of the next fiscal year; and

Whereas,  certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; 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,

PART B

Sec. B-1. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Accident - Sickness - Health Insurance 0455

Initiative: Reclassifications

ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND	2007-08	2008-09
Personal Services	$10,374	$10,526
ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND TOTAL	$10,374	$10,526

ACCIDENT - SICKNESS - HEALTH INSURANCE 0455

PROGRAM SUMMARY

ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND	2007-08	2008-09
Personal Services	$10,374	$10,526
ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND TOTAL	$10,374	$10,526

Buildings and Grounds Operations 0080

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$38,993	$41,949
All Other	($38,993)	($41,949)
GENERAL FUND TOTAL	$0	$0

BUILDINGS AND GROUNDS OPERATIONS 0080

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$38,993	$41,949
All Other	($38,993)	($41,949)
GENERAL FUND TOTAL	$0	$0

Central Services - Purchases 0004

Initiative: Reclassifications

POSTAL, PRINTING AND SUPPLY FUND	2007-08	2008-09
Personal Services	$366	$371
POSTAL, PRINTING AND SUPPLY FUND TOTAL	$366	$371

CENTRAL SERVICES - PURCHASES 0004

PROGRAM SUMMARY

POSTAL, PRINTING AND SUPPLY FUND	2007-08	2008-09
Personal Services	$366	$371
POSTAL, PRINTING AND SUPPLY FUND TOTAL	$366	$371

Information Services 0155

Initiative: Reclassifications

OFFICE OF INFORMATION SERVICES FUND	2007-08	2008-09
Personal Services	$43,631	$54,241
OFFICE OF INFORMATION SERVICES FUND TOTAL	$43,631	$54,241

INFORMATION SERVICES 0155

PROGRAM SUMMARY

OFFICE OF INFORMATION SERVICES FUND	2007-08	2008-09
Personal Services	$43,631	$54,241
OFFICE OF INFORMATION SERVICES FUND TOTAL	$43,631	$54,241

Revenue Services - Bureau of 0002

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$4,731	$6,704
All Other	($4,731)	($6,704)
GENERAL FUND TOTAL	$0	$0

REVENUE SERVICES - BUREAU OF 0002

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$4,731	$6,704
All Other	($4,731)	($6,704)
GENERAL FUND TOTAL	$0	$0

Workers' Compensation Management Fund Program 0802

Initiative: Reclassifications

WORKERS' COMPENSATION MANAGEMENT FUND	2007-08	2008-09
Personal Services	$27,314	$27,564
WORKERS' COMPENSATION MANAGEMENT FUND TOTAL	$27,314	$27,564

WORKERS' COMPENSATION MANAGEMENT

FUND PROGRAM 0802

PROGRAM SUMMARY

WORKERS' COMPENSATION MANAGEMENT FUND	2007-08	2008-09
Personal Services	$27,314	$27,564
WORKERS' COMPENSATION MANAGEMENT FUND TOTAL	$27,314	$27,564

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
GENERAL FUND	$0	$0
POSTAL, PRINTING AND SUPPLY FUND	$366	$371
OFFICE OF INFORMATION SERVICES FUND	$43,631	$54,241
WORKERS' COMPENSATION MANAGEMENT FUND	$27,314	$27,564
ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND	$10,374	$10,526
DEPARTMENT TOTAL - ALL FUNDS	$81,685	$92,702

BAXTER STATE PARK AUTHORITY

Baxter State Park Authority 0253

Initiative: Reclassifications

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$7,191	$7,447
OTHER SPECIAL REVENUE FUNDS TOTAL	$7,191	$7,447

BAXTER STATE PARK AUTHORITY 0253

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$7,191	$7,447
OTHER SPECIAL REVENUE FUNDS TOTAL	$7,191	$7,447

BAXTER STATE PARK AUTHORITY
DEPARTMENT TOTALS	2007-08	2008-09
OTHER SPECIAL REVENUE FUNDS	$7,191	$7,447
DEPARTMENT TOTAL - ALL FUNDS	$7,191	$7,447

CONSERVATION, DEPARTMENT OF

Boating Facilities Fund 0226

Initiative: Reclassifications

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$11,894	$14,280
All Other	($11,894)	($14,280)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$0

BOATING FACILITIES FUND 0226

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$11,894	$14,280
All Other	($11,894)	($14,280)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$0

Forest Policy and Management - Division of 0240

Initiative: Reclassifications

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$5,044	$5,201
All Other	($5,044)	($5,201)
FEDERAL EXPENDITURES FUND TOTAL	$0	$0

FOREST POLICY AND MANAGEMENT - DIVISION OF 0240

PROGRAM SUMMARY

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$5,044	$5,201
All Other	($5,044)	($5,201)
FEDERAL EXPENDITURES FUND TOTAL	$0	$0

CONSERVATION, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
FEDERAL EXPENDITURES FUND	$0	$0
OTHER SPECIAL REVENUE FUNDS	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$0	$0

CORRECTIONS, DEPARTMENT OF

Administration - Corrections 0141

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$9,677	$12,031
All Other	($9,677)	($12,031)
GENERAL FUND TOTAL	$0	$0

ADMINISTRATION - CORRECTIONS 0141

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$9,677	$12,031
All Other	($9,677)	($12,031)
GENERAL FUND TOTAL	$0	$0

Correctional Center 0162

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$22,111	$23,750
All Other	($22,111)	($23,750)
GENERAL FUND TOTAL	$0	$0

CORRECTIONAL CENTER 0162

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$22,111	$23,750
All Other	($22,111)	($23,750)
GENERAL FUND TOTAL	$0	$0

Long Creek Youth Development Center 0163

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$8,626	$10,081
All Other	($8,626)	($10,081)
GENERAL FUND TOTAL	$0	$0

LONG CREEK YOUTH DEVELOPMENT CENTER 0163

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$8,626	$10,081
All Other	($8,626)	($10,081)
GENERAL FUND TOTAL	$0	$0

Mountain View Youth Development Center 0857

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$4,986	$5,031
All Other	($4,986)	($5,031)
GENERAL FUND TOTAL	$0	$0

MOUNTAIN VIEW YOUTH DEVELOPMENT CENTER 0857

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$4,986	$5,031
All Other	($4,986)	($5,031)
GENERAL FUND TOTAL	$0	$0

State Prison 0144

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$45,762	$51,362
All Other	($45,762)	($51,362)
GENERAL FUND TOTAL	$0	$0

STATE PRISON 0144

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$45,762	$51,362
All Other	($45,762)	($51,362)
GENERAL FUND TOTAL	$0	$0

CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
GENERAL FUND	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$0	$0

ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF

Business Development 0585

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$6,238	$6,297
All Other	($6,238)	($6,297)
GENERAL FUND TOTAL	$0	$0

BUSINESS DEVELOPMENT 0585

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$6,238	$6,297
All Other	($6,238)	($6,297)
GENERAL FUND TOTAL	$0	$0

Maine State Film Office 0590

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$5,638	$5,692
All Other	($5,638)	($5,692)
GENERAL FUND TOTAL	$0	$0

MAINE STATE FILM OFFICE 0590

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$5,638	$5,692
All Other	($5,638)	($5,692)
GENERAL FUND TOTAL	$0	$0

ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
GENERAL FUND	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$0	$0

EDUCATION, DEPARTMENT OF

Learning Systems 0839

Initiative: Reclassifications

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$7,715	$8,842
FEDERAL EXPENDITURES FUND TOTAL	$7,715	$8,842

LEARNING SYSTEMS 0839

PROGRAM SUMMARY

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$7,715	$8,842
FEDERAL EXPENDITURES FUND TOTAL	$7,715	$8,842

EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
FEDERAL EXPENDITURES FUND	$7,715	$8,842
DEPARTMENT TOTAL - ALL FUNDS	$7,715	$8,842

ENVIRONMENTAL PROTECTION, DEPARTMENT OF

Land and Water Quality 0248

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$3,619	$3,652
All Other	($3,619)	($3,652)
GENERAL FUND TOTAL	$0	$0

LAND AND WATER QUALITY 0248

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$3,619	$3,652
All Other	($3,619)	($3,652)
GENERAL FUND TOTAL	$0	$0

Maine Environmental Protection Fund 0421

Initiative: Reclassifications

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$25,502	$28,617
All Other	$530	$596
OTHER SPECIAL REVENUE FUNDS TOTAL	$26,032	$29,213

MAINE ENVIRONMENTAL PROTECTION FUND 0421

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$25,502	$28,617
All Other	$530	$596
OTHER SPECIAL REVENUE FUNDS TOTAL	$26,032	$29,213

Performance Partnership Grant 0851

Initiative: Reclassifications

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$21,036	$24,995
All Other	$438	$520
FEDERAL EXPENDITURES FUND TOTAL	$21,474	$25,515

PERFORMANCE PARTNERSHIP GRANT 0851

PROGRAM SUMMARY

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$21,036	$24,995
All Other	$438	$520
FEDERAL EXPENDITURES FUND TOTAL	$21,474	$25,515

Remediation and Waste Management 0247

Initiative: Reclassifications

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$10,469	$10,821
All Other	$218	$225
OTHER SPECIAL REVENUE FUNDS TOTAL	$10,687	$11,046

REMEDIATION AND WASTE MANAGEMENT 0247

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$10,469	$10,821
All Other	$218	$225
OTHER SPECIAL REVENUE FUNDS TOTAL	$10,687	$11,046

ENVIRONMENTAL PROTECTION, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
GENERAL FUND	$0	$0
FEDERAL EXPENDITURES FUND	$21,474	$25,515
OTHER SPECIAL REVENUE FUNDS	$36,719	$40,259
DEPARTMENT TOTAL - ALL FUNDS	$58,193	$65,774

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Bureau of Child and Family Services - Regional 0452

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$2,496	$2,517
All Other	($2,496)	($2,517)
GENERAL FUND TOTAL	$0	$0

BUREAU OF CHILD AND FAMILY SERVICES - REGIONAL 0452

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$2,496	$2,517
All Other	($2,496)	($2,517)
GENERAL FUND TOTAL	$0	$0

Health - Bureau of 0143

Initiative: Reclassifications

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$4,191	$4,167
FEDERAL EXPENDITURES FUND TOTAL	$4,191	$4,167

HEALTH - BUREAU OF 0143

PROGRAM SUMMARY

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$4,191	$4,167
FEDERAL EXPENDITURES FUND TOTAL	$4,191	$4,167

Maternal and Child Health 0191

Initiative: Reclassifications

FEDERAL BLOCK GRANT FUND	2007-08	2008-09
Personal Services	$4,499	$5,249
FEDERAL BLOCK GRANT FUND TOTAL	$4,499	$5,249

MATERNAL AND CHILD HEALTH 0191

PROGRAM SUMMARY

FEDERAL BLOCK GRANT FUND	2007-08	2008-09
Personal Services	$4,499	$5,249
FEDERAL BLOCK GRANT FUND TOTAL	$4,499	$5,249

Office of Integrated Access and Support - Central Office Z020

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$6,642	$6,702
All Other	($6,642)	($6,702)
GENERAL FUND TOTAL	$0	$0

OFFICE OF INTEGRATED ACCESS AND

SUPPORT - CENTRAL OFFICE Z020

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$6,642	$6,702
All Other	($6,642)	($6,702)
GENERAL FUND TOTAL	$0	$0

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS	2007-08	2008-09
GENERAL FUND	$0	$0
FEDERAL EXPENDITURES FUND	$4,191	$4,167
FEDERAL BLOCK GRANT FUND	$4,499	$5,249
DEPARTMENT TOTAL - ALL FUNDS	$8,690	$9,416

INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF

Public Information and Education, Division of 0729

Initiative: Reclassifications

GENERAL FUND	2007-08	2008-09
Personal Services	$4,289	$4,330
All Other	($4,289)	($4,330)
GENERAL FUND TOTAL	$0	$0

PUBLIC INFORMATION AND EDUCATION,

DIVISION OF 0729

PROGRAM SUMMARY

GENERAL FUND	2007-08	2008-09
Personal Services	$4,289	$4,330
All Other	($4,289)	($4,330)
GENERAL FUND TOTAL	$0	$0

INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
GENERAL FUND	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$0	$0

LABOR, DEPARTMENT OF

Employment Security Services 0245

Initiative: Reclassifications

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$4,174	$7,551
All Other	($4,174)	($7,551)
FEDERAL EXPENDITURES FUND TOTAL	$0	$0

EMPLOYMENT SECURITY SERVICES 0245

PROGRAM SUMMARY

FEDERAL EXPENDITURES FUND	2007-08	2008-09
Personal Services	$4,174	$7,551
All Other	($4,174)	($7,551)
FEDERAL EXPENDITURES FUND TOTAL	$0	$0

Safety Education and Training Programs 0161

Initiative: Reclassifications

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$2,873	$2,900
OTHER SPECIAL REVENUE FUNDS TOTAL	$2,873	$2,900

SAFETY EDUCATION AND TRAINING PROGRAMS 0161

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$2,873	$2,900
OTHER SPECIAL REVENUE FUNDS TOTAL	$2,873	$2,900

LABOR, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
FEDERAL EXPENDITURES FUND	$0	$0
OTHER SPECIAL REVENUE FUNDS	$2,873	$2,900
DEPARTMENT TOTAL - ALL FUNDS	$2,873	$2,900

PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF

Nursing - Board of 0372

Initiative: Reclassifications

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$7,087	$7,154
All Other	$101	$102
OTHER SPECIAL REVENUE FUNDS TOTAL	$7,188	$7,256

NURSING - BOARD OF 0372

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$7,087	$7,154
All Other	$101	$102
OTHER SPECIAL REVENUE FUNDS TOTAL	$7,188	$7,256

PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
OTHER SPECIAL REVENUE FUNDS	$7,188	$7,256
DEPARTMENT TOTAL - ALL FUNDS	$7,188	$7,256

PUBLIC SAFETY, DEPARTMENT OF

Fire Marshal - Office of 0327

Initiative: Reclassifications

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$2,400	$3,202
All Other	($2,400)	($3,202)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$0

FIRE MARSHAL - OFFICE OF 0327

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS	2007-08	2008-09
Personal Services	$2,400	$3,202
All Other	($2,400)	($3,202)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$0

PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS	2007-08	2008-09
OTHER SPECIAL REVENUE FUNDS	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$0	$0

SECTION TOTALS	2007-08	2008-09
GENERAL FUND	$0	$0
FEDERAL EXPENDITURES FUND	$33,380	$38,524
OTHER SPECIAL REVENUE FUNDS	$53,971	$57,862
FEDERAL BLOCK GRANT FUND	$4,499	$5,249
POSTAL, PRINTING AND SUPPLY FUND	$366	$371
OFFICE OF INFORMATION SERVICES FUND	$43,631	$54,241
WORKERS' COMPENSATION MANAGEMENT FUND	$27,314	$27,564
ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND	$10,374	$10,526
SECTION TOTAL - ALL FUNDS	$173,535	$194,337

PART C

Sec. C-1. 20-A MRSA §15689-A, sub-§13  is enacted to read:

Sec. C-2. 20-A MRSA §15689-A, sub-§14  is enacted to read:

Sec. C-3. 20-A MRSA §15689-A, sub-§15  is enacted to read:

Sec. C-4. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2007-08 is 7.34.

Sec. C-5. Total cost of funding public education from kindergarten to grade 12. The total cost of funding public education from kindergarten to grade 12 for fiscal year 2007-08 is as follows:

			2007-08
			TOTAL
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transition percentage		$1,338,387,476
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 95% transition percentage		$1,271,468,102
	Transition adjustments pursuant to the Maine Revised Statutes, Title 20-A, section 15686		$1,800,000
	Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A		$378,035,943
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 95% transition percentage plus transition adjustment pursuant to Title 20-A, section 15686 and total other subsidizable costs pursuant to Title 20-A, section 15681-A		$1,651,304,045
Total Debt Service Allocation
	Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A		$92,944,964
Total Adjustments and Miscellaneous Costs
	Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A		$75,108,788
Total Cost of Funding Public Education from Kindergarten to Grade 12
	Total cost of funding public education from kindergarten to grade 12 for fiscal year 2006-07 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B		$1,819,357,797

Sec. C-6. Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2007 and ending June 30, 2008 is calculated as follows:

		2007-08	2007-08
		LOCAL	STATE
Local and State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12
	Local and state contributions to the total cost of funding public education from kindergarten to grade 12 pursuant to the Maine Revised Statutes, Title 20-A, section 15683	$828,899,412	$990,458,385

Sec. C-7. Limit of State's obligation. If the State's continued obligation for any individual component contained in sections 5 and 6 of this Part exceeds the level of funding provided for that component, any unexpended balances occurring in other programs may be applied to avoid proration of payments for any individual component. Any unexpended balances from sections 5 and 6 of this Part do not lapse but must be carried forward for the same purpose.

Sec. C-8. Authorization of payments. Sections 1 to 6 of this Part may not be construed to require the State to provide payments that exceed the appropriation of funds for general purpose aid for local schools for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

PART D

Sec. D-1. 20-A MRSA §15689-A, sub-§10,  as amended by PL 2005, c. 519, Pt. J, §2, is further amended to read:

Sec. D-2. 20-A MRSA §15689-A, sub-§12-A is enacted to read:

PART E

Sec. E-1. 20-A MRSA §15754,  as amended by PL 2005, c. 386, Pt. E, §1, is repealed.

PART F

Sec. F-1. 20-A MRSA §15678, sub-§2,  as enacted by PL 2003, c. 504, Pt. A, §6, is amended to read:

PART G

Sec. G-1. Calculation and transfer; General Fund health insurance savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A that apply against each General Fund account for all departments and agencies except legislative branch departments and agencies from savings in the cost of health insurance and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2007-08 and 2008-09. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts no later than November 1, 2007.

PART H

Sec. H-1. Development of plan. The Department of Professional and Financial Regulation and the Department of Economic and Community Development, referred to in this section as "the departments," shall work jointly to develop a plan to merge the departments into a single department to be named the Department of Commerce. Under the plan, the Department of Commerce shall perform the duties of both the departments. The departments may request the cooperation of other agencies or entities of State Government in the development of the plan, as well as the implementation of the merger. The plan to merge the departments must be designed to:

1. Streamline services to businesses;

2. Minimize administrative overhead;

3. Eliminate duplication of services; and

4. Otherwise create efficiencies and cost savings in the provision of services.

Sec. H-2. Report. No later than October 1, 2007, the Department of Professional and Financial Regulation and the Department of Economic and Community Development shall submit a report outlining the progress on the plan to merge into a single Department of Commerce to the Joint Standing Committee on Appropriations and Financial Affairs, the Joint Standing Committee on Business, Research and Economic Development and the Joint Standing Committee on Insurance and Financial Services. The Department of Professional and Financial Regulation and the Department of Economic and Community Development shall submit proposed legislation necessary to implement the plan to merge into a single Department of Commerce to the Second Regular Session of the 123rd Legislature no later than January 1, 2008.

PART I

Sec. I-1. 5 MRSA §935, sub-§1, ¶H,  as enacted by PL 1983, c. 729, §4, is repealed.

PART J

Sec. J-1. Transfer of funds; overtime expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, upon approval of the Governor, is authorized to transfer, by financial order, Personal Services, All Other or Capital Expenditures funding between accounts within the same fund for the purpose of paying overtime expenses.

PART K

Sec. K-1. 5 MRSA §13110, first ¶,  as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

The office, the University of Maine System and the EPSCoR steering committee Governor's Maine Science and Technology Advisory Council are jointly responsible for the administration of the Maine Experimental Program to Stimulate Competitive Research, referred to in this chapter as "the Maine EPSCoR Program," which is established in this section as a partnership effort between the State Government and the Federal Government to strengthen the State's science and engineering infrastructure.

Sec. K-2. 5 MRSA §13110, sub-§2,  as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

Sec. K-3. 5 MRSA §13110-A, sub-§1, ¶C,  as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

PART L

Sec. L-1. Program name change. The Maine Small Business Commission - DECD program within the Department of Economic and Community Development is renamed the Maine Small Business and Entrepreneurship Commission - DECD program.

PART M

Sec. M-1. Voluntary employee incentive programs. Notwithstanding the Maine Revised Statutes, Title 5, section 903, subsections 1 and 2, the Commissioner of Administrative and Financial Services shall offer for use prior to July 1, 2009 special voluntary employee incentive programs for state employees, including a 50% workweek option, flexible position staffing and time off without pay. Employee participation in a voluntary employee incentive program is subject to the approval of the employee's appointing authority.

Sec. M-2. Continuation of health insurance. Notwithstanding the Maine Revised Statutes, Title 5, section 285, subsection 7 and section 903, the State shall continue to pay health and dental insurance benefits for state employees who apply prior to July 1, 2009 to participate in a voluntary employee incentive program under section 1 based upon the scheduled workweek in effect prior to the employee's participation in the voluntary employee incentive program.

Sec. M-3. Continuation of group life insurance. Notwithstanding the Maine Revised Statutes, Title 5, sections 903 and 18056 and the rules of the Maine State Retirement System, the life, accidental death and dismemberment, supplemental and dependent insurance amounts for a state employee who applies prior to July 1, 2009 to participate in a voluntary employee incentive program under section 1 are based upon the scheduled hours of the employee prior to the employee's participation in the voluntary employee incentive program.

Sec. M-4. General Fund savings. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, the State Budget Officer shall transfer the General Fund savings resulting from the voluntary employee incentive programs under section 1 to the General Fund Compensation and Benefit Plan account in the Department of Administrative and Financial Services. The State Budget Officer shall submit to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs a report of the transferred amounts no later than January 15, 2009.

Sec. M-5. Lapsed balances. Notwithstanding any other provision of law, $350,000 in fiscal year 2007-08 and $350,000 in fiscal year 2008-09 of savings identified from the voluntary employee incentive programs in this Part lapse to the General Fund.

PART N

Sec. N-1. Transfer of Personal Services appropriation. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, available balances of General Fund appropriations for Personal Services in fiscal year 2007-08 and fiscal year 2008-09 may be transferred by financial order between programs and departments within the General Fund upon recommendation of the State Budget Officer and approval of the Governor to be used for costs associated with collective bargaining agreements for state employees.

PART O

Sec. O-1. 12 MRSA §10202, sub-§9,  as amended by PL 2005, c. 12, Pt. Z, §1, is further amended to read:

PART P

Sec. P-1. 35-A MRSA §116, sub-§1,  as amended by PL 2005, c. 135, §1, is further amended to read:

Sec. P-2. 35-A MRSA §116, sub-§4,  as amended by PL 1997, c. 586, §4, is repealed.

PART Q

Sec. Q-1. 4 MRSA §1610-F  is enacted to read:

§ 1610-F.  Additional securities

Notwithstanding any limitation on the amount of securities that may be issued pursuant to section 1606, subsection 2, the authority may issue additional securities in an amount not to exceed $11,000,000 outstanding at any one time in fiscal year 2007-08 and may issue additional securities in an amount not to exceed $6,000,000 outstanding at any one time in fiscal year 2008-09 for preliminary planning costs and capital repairs and improvements at various state facilities.

Sec. Q-2. Maine Governmental Facilities Authority; issuance of securities. Pursuant to the Maine Revised Statutes, Title 4, section 1606, subsection 2 and section 1610-F, and notwithstanding the limitation contained in Title 4, section 1606, subsection 2 regarding the amount of securities that may be issued, the Maine Governmental Facilities Authority is authorized to issue securities in its own name in an amount up to $11,000,000 in fiscal year 2007-08 and $6,000,000 in fiscal year 2008-09 for the purpose of paying the cost, including preliminary planning costs, including but not limited to needs assessments and space planning, master planning, capital asset assessments, concept design, design development and final design including construction drawings, associated with capital repairs and improvements to state-owned facilities throughout the State as designated by the Commissioner of Administrative and Financial Services.

Sec. Q-3. Proceeds. The proceeds from the sale of the securities issued by the Maine Governmental Facilities Authority pursuant to the Maine Revised Statutes, Title 4, section 1610-F must be expended for preliminary planning costs and capital repairs and improvements to state-owned facilities.

Sec. Q-4. Debt Service - Government Facilities Authority account; balance carried forward. Notwithstanding any other provision of law, any unexpended balance in the Debt Service - Government Facilities Authority, General Fund account in the Department of Administrative and Financial Services on June 30, 2007 must be carried forward for the same purpose until June 30, 2009.

PART R

Sec. R-1. Department of Administrative and Financial Services; lease-purchase authorization. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services, in cooperation with the Treasurer of State, may enter into financing arrangements in fiscal years 2007-08 and 2008-09 for the acquisition of motor vehicles for the Central Fleet Management Division. The financing agreements entered into in each fiscal year may not exceed $5,000,000 in principal costs, and a financing arrangement may not exceed 4 years in duration. The interest rate may not exceed 8%. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Fleet Management Division account.

Sec. R-2. Department of Administrative and Financial Services; lease-purchase authorization. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services, on behalf of the Department of Public Safety, may enter into financing arrangements in fiscal years 2007-08 and 2008-09 for the acquisition of motor vehicles for the State Police. The financing arrangements entered into each fiscal year may not exceed $1,800,000 in principal costs, and a financing arrangement may not exceed 3 years in duration. The interest rate may not exceed 8%, and total interest costs with respect to the financing arrangements entered into in each fiscal year may not exceed $300,000. The annual principal and interest costs must be paid from the appropriate line category appropriations and allocations in the Department of Public Safety General Fund and Highway Fund accounts.

Sec. R-3. Department of Administrative and Financial Services; lease-purchase authorization. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services, Office of Information Technology may enter into financing arrangements on or after January 1, 2009 for the acquisition of hardware, software and systems to support the operations of the Statewide Radio and Network System Reserve Fund, established in Title 5, section 1520. The financial agreements may not exceed 7 years in duration and $15,000,000 in principal costs. The interest rate may not exceed 8%, and interest costs may not exceed $3,750,000. Annual principal and interest costs must be paid from the appropriate line category allocations in the Office of Information Technology, Statewide Radio and Network System Reserve Fund.

PART S

Sec. S-1. 30-A MRSA §5681, sub-§5, ¶A,  as amended by PL 2005, c. 12, Pt. E, §1, is further amended to read:

Sec. S-2. 30-A MRSA §5681, sub-§5, ¶B,  as amended by PL 2005, c. 12, Pt. E, §1, is further amended to read:

PART T

Sec. T-1. 36 MRSA §4365,  as amended by PL 2005, c. 457, Pt. AA, §1 and as affected by §8, is further amended to read:

§ 4365. Rate of tax

A tax is imposed on all cigarettes imported into this State or held in this State by any person for sale at the rate of 100 150 mills for each cigarette. Payment of the tax is evidenced by the affixing of stamps to the packages containing the cigarettes.

Sec. T-2. 36 MRSA §4365-F,  as enacted by PL 2005, c. 457, Pt. AA, §3 and as affected by §8, is repealed.

Sec. T-3. 36 MRSA §4365-G  is enacted to read:

§ 4365-G.  Application of cigarette tax rate increase effective July 1, 2007

This section applies to cigarettes held for resale on July 1, 2007.

Sec. T-4. 36 MRSA §4366-A, sub-§2,  as amended by PL 2005, c. 622, §25 and as affected by §34, is further amended to read:

Sec. T-5. 36 MRSA §4403,  as amended by PL 2005, c. 627, §§8 and 9, is further amended to read:

§ 4403. Tax on tobacco products

PART U

Sec. U-1. 10 MRSA §1100-Y, sub-§2, ¶A,  as amended by PL 2005, c. 12, Pt. Q, §1, is further amended to read:

Sec. U-2. 10 MRSA §1100-Y, sub-§7,  as amended by PL 2005, c. 12, Pt. Q, §2, is further amended to read:

Sec. U-3. 36 MRSA §2527, sub-§2, ¶B,  as amended by PL 2005, c. 12, Pt. Q, §3, is further amended to read:

Sec. U-4. 36 MRSA §2527, sub-§2, ¶C,  as amended by PL 2005, c. 12, Pt. Q, §3, is further amended to read:

Sec. U-5. 36 MRSA §2528, sub-§1, ¶B,  as amended by PL 2005, c. 12, Pt. Q, §4, is further amended to read:

Sec. U-6. 36 MRSA §5219-U, sub-§2, ¶B,  as amended by PL 2005, c. 12, Pt. Q, §5, is further amended to read:

Sec. U-7. 36 MRSA §5219-U, sub-§2, ¶C,  as amended by PL 2005, c. 12, Pt. Q, §5, is further amended to read:

Sec. U-8. 36 MRSA §5219-V, sub-§1, ¶B,  as amended by PL 2005, c. 12, Pt. Q, §6, is further amended to read:

Sec. U-9. Application. This Part applies to tax years beginning on or after January 1, 2007.

PART V

Sec. V-1. 36 MRSA §5142, sub-§3-A,  as enacted by PL 2005, c. 12, Pt. MMMM, §1 and as affected by §3, is amended to read:

Sec. V-2. 36 MRSA §5211, sub-§8,  as amended by PL 1991, c. 502, §1 and as affected by §2, is further amended to read:

Sec. V-3. 36 MRSA §5211, sub-§9,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-4. 36 MRSA §5211, sub-§10,  as amended by PL 1999, c. 708, §43, is repealed.

Sec. V-5. 36 MRSA §5211, sub-§11,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-6. 36 MRSA §5211, sub-§12,  as amended by PL 2001, c. 439, Pt. D, §8 and as affected by §9, is repealed.

Sec. V-7. 36 MRSA §5211, sub-§13,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-8. 36 MRSA §5211, sub-§17, ¶A,  as enacted by P&SL 1969, c. 154, §F, is amended to read:

Sec. V-9. 36 MRSA §5211, sub-§17, ¶B,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-10. 36 MRSA §5211, sub-§17, ¶C,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-11. 36 MRSA §5244,  as amended by PL 1997, c. 24, Pt. C, §12 and as affected by §16, is further amended to read:

§ 5244. Combined report

The combined report required by section 5220, subsection 5, must include, both in the aggregate and by corporation, a list of the federal taxable income, the modifications provided by section 5200-A, the property, payroll and sales in Maine and everywhere as defined in chapter 821 and the Maine net income of the unitary business. Neither the income nor the property, payroll and sales of a corporation that is not required to file a federal income tax return may be included in the combined report.

Sec. V-12. Application. Those sections of this Part that amend the Maine Revised Statutes, Title 36, sections 5211 and 5244 apply to tax years beginning on or after January 1, 2007.

PART W

Sec. W-1. Transfer from unappropriated surplus at close of fiscal year 2007-08 to the Department of Health and Human Services, Medical Care - Payment to Providers account. Notwithstanding any other provision of law, at the close of fiscal year 2007-08 the State Controller shall transfer up to $77,500,000 from the unappropriated surplus of the General Fund to the Department of Health and Human Services, Medical Care - Payment to Providers account in the General Fund after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made and as the first priority after the transfers required pursuant to the Maine Revised Statutes, Title 5, sections 1507 and 1511 and before the transfer required pursuant to the Maine Revised Statutes, Title 5, section 1536.

Sec. W-2. Priority of transfers. Transfers made in accordance with section 1 of this Part must be expended for the purposes listed in this section in the following amounts.

As the first priority, the Medical Care - Payments to Providers General Fund account must receive up to $52,000,000 less the transfer amount received from unappropriated surplus at the close of fiscal year 2006-07 for use in fiscal year 2007-08. These transfers made must be expended for prospective interim payments to hospitals.

As the second priority, the Medical Care - Payments to Providers General Fund account must receive $25,500,000 as the first of equal payments to be made until the sum of $102,000,000 is reached. Transfers made to the Medical Care - Payments to Providers program must be expended for hospital settlements.

Sec. W-3. Transfer considered adjustments to appropriations. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, or any other provision of law, amounts transferred pursuant to this Part are considered adjustments to appropriations in fiscal years 2007-08 and 2008-09. These funds may be allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor.

PART X

Sec. X-1. Carrying balance; Bureau of Medical Services, General Fund account. Notwithstanding any other provision of law, any All Other line category balance in the Department of Health and Human Services, Bureau of Medical Services, General Fund account remaining on June 30, 2008 may not lapse but must be carried forward to June 30, 2009 to be used for the same purposes.

Sec. X-2. Transfer of funds. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, available balances of appropriations in MaineCare General Fund accounts may be transferred between accounts by financial order upon the recommendation of the State Budget Officer and approval of the Governor.

PART Y

Sec. Y-1. Cost-of-living adjustments for nursing facilities. Notwithstanding any other provision of law, any unexpended balance in the Department of Health and Human Services, Nursing Facilities, Other Special Revenue Funds account as of June 30, 2007 and June 30, 2008 carries forward for the purpose of funding cost-of-living adjustments for nursing facilities licensed under the Maine Revised Statutes, Title 22, chapter 405 and residential care facilities as defined in Title 22, section 7852, subsection 14 in fiscal year 2007-08 and fiscal year 2008-09.

Sec. Y-2. Reimbursement rate. Notwithstanding any other provision of law, the Department of Health and Human Services shall provide cost-of-living adjustments to nursing facilities licensed under the Maine Revised Statutes, Title 22, chapter 405 and residential care facilities as defined in Title 22, section 7852, subsection 14 in fiscal year 2007-08 and fiscal year 2008-09 in the amount of 2%, as applied to all components of the reimbursement rate except the fixed cost component, per year per facility. If the Commissioner of Health and Human Services determines as of May 1, 2007, for fiscal year 2007-08, and May 1, 2008, for fiscal year 2008-09, that sufficient funds are not projected to be available pursuant to sections 1 and 4 of this Part to fund a 2% adjustment for fiscal year 2007-08 or fiscal year 2008-09, then the department may reduce the percentage adjustment for that fiscal year to the extent necessary to ensure that the amount available in the Nursing Facilities, Other Special Revenue Funds account is sufficient to fund the adjustment provided. In projecting the amount available, the commissioner shall consider the projected amount to be carried forward pursuant to section 1 of this Part and the department's best reasonable estimate of the expected tax revenue growth in the fiscal year for which the adjustment will be provided. The department shall publish its calculation of the projected available funds and the resulting cost-of-living adjustment no later than May 25, 2007 for fiscal year 2007-08 and May 26, 2008 for fiscal year 2008-09.

Sec. Y-3. Increase for frontline employees. Any facility that accepts the cost-of-living adjustment authorized under this Part for fiscal year 2007-08 and fiscal year 2008-09 must provide an equal percentage increase in wages and benefits to all frontline employees in each of those years in accordance with the Department of Health and Human Services' Principles of Reimbursement for Nursing Facilities. For the purposes of this section, "frontline employees" means all employees who work in the facility, excluding the administrator. Notwithstanding any other provision of law, the amount of the cost-of-living adjustment to be recouped for any failure to comply with this section is limited to the portion of the adjustment that:

1. Applies to wage and benefit expense; and

2. Exceeds the percentage increase in wages and benefits actually provided to frontline employees during the applicable fiscal period.

Sec. Y-4. Cost-of-living funding. Except as specifically allocated to other purposes under Part A, any unexpended balances in the Department of Health and Human Services, Nursing Facilities, Other Special Revenue Funds account as of June 30, 2007 and June 30, 2008 must first be used to the extent necessary to fund the cost-of-living adjustments granted in section 2 of this Part.

PART Z

Sec. Z-1. Position transfers; transfer of funds; Department of Health and Human Services. Notwithstanding any other provision of law, in fiscal year 2007-08 and fiscal year 2008-09 the Department of Health and Human Services may transfer up to 30 Intensive Case Manager positions in the Mental Health Services - Community program, as those positions become vacant, to the Office of Integrated Access and Support program to be reorganized as Family Independence Specialist positions upon the recommendation of the State Budget Officer and approval of the Governor. Available balances of Personal Services appropriations resulting from those vacancies may be transferred within the Personal Services line category within the same fund from the Mental Health Services - Community program to the Office of Integrated Access and Support program by financial order upon the recommendation of the State Budget Officer and approval of the Governor. The department is authorized to increase the allocation in the Other Special Revenue Funds in order to allocate the cost of the Family Independence Specialist positions between the General Fund and Other Special Revenue Funds based on the permissible federal match rate. These transfers and allocation increases are considered adjustments to authorized position counts, appropriations and allocations in fiscal year 2007-08 and fiscal year 2008-09, except that General Fund amounts transferred that are not required for Personal Services costs must be transferred to the General Fund.

The Commissioner of Health and Human Services shall provide a report to the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs no later than January 15, 2008 and January 15, 2009 on all legislative count and amounts transferred under this section.

PART AA

Sec. AA-1. Calculation and transfer; General Fund appropriations for legal services; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of the appropriations provided in Part A to the Department of Health and Human Services for legal services that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

PART BB

Sec. BB-1. Calculation and transfer; General Fund appropriations for information technology; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of appropriations provided in Part A to the Department of Health and Human Services for information technology that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

PART CC

Sec. CC-1. Calculation and transfer; General Fund savings for managed care; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A of this Act in the Department of Health and Human Services resulting from the implementation of a managed care effort for behavioral health services that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

PART DD

Sec. DD-1. Calculation and transfer; General Fund savings; position reductions; departmentwide reorganization; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings and the position eliminations in Part A in the Department of Health and Human Services resulting from a departmentwide reorganization that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

PART EE

Sec. EE-1. Calculation and transfer; General Fund savings; Health and Human Services Service Center. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A in the Department of Health and Human Services resulting from a reduction in payments to the Health and Human Services Service Center that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

PART FF

Sec. FF-1. Atlantic Salmon Commission; jurisdiction. Notwithstanding any provision of law to the contrary, the Atlantic Salmon Commission operates under the authority and jurisdiction of the Department of Marine Resources. In order to provide enhanced management and restoration of diadromous species, the Department of Marine Resources shall establish the Bureau of Sea-run Fisheries and Habitat, which consolidates the Atlantic Salmon Commission with the Department of Marine Resources, Stock Enhancement Division.

Sec. FF-2. Implementing legislation. The Department of Marine Resources shall submit legislation to the Second Regular Session of the 123rd Legislature to implement this Part.

PART GG

Sec. GG-1. Review of transitioning to a fiscal agent model to improve efficiency and cost-effectiveness; Office of MaineCare Services. The Commissioner of Health and Human Services shall review the current organizational structure, systems and operations of the Office of MaineCare Services to transition Maine’s current management information system model to a model operated by a fiscal agent. To assist with this review, the commissioner shall use staff resources from the Office of MaineCare Services and the Department of Administrative and Financial Services, Office of Information Technology. The commissioner is authorized to identify position eliminations and identify Personal Services savings available for transfer to All Other from the improvements identified from the review. Notwithstanding any other provision of law, the State Budget Officer shall transfer position counts and available balances between line categories by financial order upon approval of the Governor in order to achieve the position eliminations identified in Part A. These transfers are considered adjustments to authorized position count, appropriations and allocations in fiscal years 2007-08 and 2008-09. The commissioner and the State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report outlining the progress towards the new organizational structure and any transferred amounts by December 15th and June 15th in each year of the 2008-2009 biennium.

PART HH

Sec. HH-1. 2 MRSA §6, sub-§4,  as amended by PL 2005, c. 405, Pt. D, §3,is further amended to read:

Sec. HH-2. 5 MRSA §947-B, sub-§1, ¶C,  as enacted by PL 1991, c. 780, Pt. Y, §37, is repealed.

Sec. HH-3. 5 MRSA §7035,  as amended by PL 1997, c. 632, §1is further amended by inserting after the first paragraph a new paragraph to read:

The director may name a designee to conduct employee relations activities set forth in Title 26, chapter 9-B and other proceedings such as negotiations, mediation, fact-finding, arbitration, grievance proceedings, unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and other labor relations proceedings.

PART II

Sec. II-1. Tax expenditures. In accordance with the Maine Revised Statutes, Title 5, section 1666, funding is continued for each individual tax expenditure, as defined in the Maine Revised Statutes, Title 5, section 1664, reported in the budget document submitted by the Governor on January 5, 2007.

PART JJ

Sec. JJ-1. 20-A MRSA §15689-A, sub-§8,  as enacted by PL 2005, c. 12, Pt. D, §3, is amended to read:

PART KK

Sec. KK-1. Lease-purchase authorization; Maine Learning Technology Initiative. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services on behalf of the Department of Education may enter into financing arrangements in fiscal year 2007-08 for the acquisition of portable computer systems for high school students and teachers to support the operations of the Maine Learning Technology Initiative program. The financing agreements may not exceed 4 years in duration and $63,000,000 in principal costs for the Maine Learning Technology Initiative program. The interest rate may not exceed 7%, and the total interest costs may not exceed $4,815,028. The annual principal and interest costs must be paid from the appropriate line category allocations in the Department of Education. The State is authorized to extend the provisions of the lease-purchase agreement on behalf of school administrative units as long as all costs of the extension are borne by the school administrative unit. The financing agreements may not exceed 4 years in duration and $20,000,000 in principal costs. The interest rate may not exceed 7% and the total interest costs may not exceed $1,505,400. The annual principal and interest costs must be paid from the appropriate line category allocations in the Department of Education.

PART LL

Sec. LL-1. 39-A MRSA §154, sub-§6,  as amended by PL 2003, c. 425, §2, is repealed and the following enacted in its place:

PART MM

Sec. MM-1. 20-A MRSA §1, sub-§3,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-2. 20-A MRSA §1, sub-§5,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-3. 20-A MRSA §1, sub-§6,  as corrected by RR 1991, c. 2, §53 and amended by PL 2003, c. 545, §5, is further amended to read:

Sec. MM-4. 20-A MRSA §1, sub-§8,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-5. 20-A MRSA §1, sub-§9,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-6. 20-A MRSA §1, sub-§14,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-7. 20-A MRSA §1, sub-§19,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-8. 20-A MRSA §1, sub-§24-B  is enacted to read:

Sec. MM-9. 20-A MRSA §1, sub-§24-C  is enacted to read:

Sec. MM-10. 20-A MRSA §1, sub-§24-D  is enacted to read:

Sec. MM-11. 20-A MRSA §1, sub-§25,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-12. 20-A MRSA §1, sub-§26,  as corrected by RR 1993, c. 1, §44 and amended by PL 2003, c. 545, §5, is further amended to read:

Sec. MM-13. 20-A MRSA §1, sub-§29,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-14. 20-A MRSA §1, sub-§31,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-15. 20-A MRSA §1, sub-§34,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-16. 20-A MRSA §1, sub-§39,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-17. 20-A MRSA §1, sub-§40,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-18. 20-A MRSA §1, sub-§41,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-19. 20-A MRSA §1, sub-§44,  as corrected by RR 1991, c. 2, §56 and amended by PL 2003, c. 545, §5, is further amended to read:

Sec. MM-20. 20-A MRSA c. 103,  as amended, is repealed.

Sec. MM-21. 20-A MRSA c. 103-A  is enacted to read:

CHAPTER 103-A

REGIONAL LEARNING COMMUNITIES

§ 1451.  Organization of regional learning communities

It is declared the policy of the State to encourage the development of regional learning communities of sufficient size to provide:

§ 1452.  Establishment of regional learning communities by region

Each regional learning community shall provide educational services, including services to children with disabilities from birth to under 6 years of age and career and technical education, in accordance with this Title, and shall develop and implement policies that encourage collaboration in administration, professional development, educational programming and the sharing of community resources for the continuous improvement of student achievement and the preparation of the students in each regional learning community for college, careers and citizenship. The regional learning communities have boundaries as follows.

§ 1453.  Application of general law

Schools operated by the regional learning communities established in accordance with this chapter are the official schools of the participating municipalities. The provisions of general law relating to public education apply to these schools. State funds for public schools, for programs for children with disabilities from birth to under 6 years of age and for career and technical education must be paid directly to the treasurer of a regional learning community.

§ 1454.  Regional learning community board of directors

Regional learning community boards of directors must be established as follows.

§ 1455.  Methods of representation

§ 1456.  Election

For the purpose of nominations, regional learning community board directors are considered municipal officials and must be nominated in accordance with Title 30-A, chapter 121 or with a municipal charter, whichever is applicable.

§ 1457.  Vacancies

§ 1458.  Reapportionment

The commissioner shall determine the necessity for reapportionment.

§ 1459.  Powers and duties

The regional learning community board of directors:

§ 1460.  Quorum

At least a majority of the regional learning community board of directors in number and voting power constitutes a quorum.

§ 1461.  Program

A regional learning community shall maintain a program that includes kindergarten to grade 12.

§ 1462.  Finances

A regional learning community may raise money, in addition to the local contribution pursuant to section 15690-A, subsection 1, for establishing and maintaining public schools, erecting buildings and providing equipment. The additional costs of operating a regional learning community must be shared among all municipalities within the regional learning community by the same local share percentages for each municipality resulting from the determination of the local contribution under section 15688.

§ 1463.  Budget preparation

The regional learning community budget must be prepared as follows.

§ 1464.  Regional learning community budget; budget formats

§ 1465.  Actions on budget

Effective July 1, 2008, the following provisions apply to approving a regional learning community budget under this chapter.

§ 1466.  Cost center summary budget format

After January 31, 2008, the format of the annual budget of a regional learning community must be in accordance with this chapter.

§ 1467.  Budget validation referendum

After January 31, 2008, the procedure for approval of the annual budget of a regional learning community must be in accordance with this section and section 1466.

§ 1468.  Failure to pass budget

If a budget for the operating of the regional learning community is not approved prior to July 1st, the latest budget as submitted by the board of directors is automatically considered the budget for operational expenses for the ensuing year until a final budget is approved, except that, when the regional learning community board delays the regional learning community budget meeting, the operating budget must be approved within 30 days of the date the commissioner notifies the regional learning community board of the amount allocated to the regional learning community under section 15689-B or the latest budget submitted by the regional learning community board of directors becomes the operating budget for the next school year.

§ 1469.  Special budget meeting

The school board may call a special budget meeting when it declares an emergency exists. The voters of the regional learning community may authorize the directors at a special regional learning community budget meeting to expend additional funds from the regional learning community's undesignated fund balance or to pledge the credit of the regional learning community to obtain additional money for the operation of schools. A special budget meeting held on or after July 1, 2008 must be conducted in accordance with sections 1466 and 1467.

§ 1470.  Regional learning community assessments

Regional learning community assessments must follow these procedures.

§ 1471.  Power to borrow money

A regional learning community may borrow money as follows.

§ 1472.  Reserve fund

A regional learning community may establish a reserve fund as follows.

§ 1473.  Bid procedure

This section applies to bids.

§ 1474.  Void contracts

A contract made by the regional learning community board of directors in a regional learning community during the term of a member who is pecuniarily interested in that contract, either directly or indirectly, is void, unless the regional learning community board of directors has advertised for sealed bids for that contract and that advertisement for sealed bids has been published at least 5 days prior to the date set for closing of bids in a newspaper having general circulation within the regional learning community.

§ 1475.  Regional learning community referendum

§ 1476.  Method of calling a regional learning community referendum

A regional learning community referendum must be initiated by a warrant prepared and signed by a majority of the regional learning community board of directors. The warrant must be countersigned by the municipal officers in the municipality where the warrants are posted.

§ 1477.  Referendum procedures

The following procedures apply to a regional learning community referendum.

§ 1478.  Reconsideration

The procedure to reconsider votes taken at a regional learning community referendum is as follows.

§ 1479.  Bonds; notes; other

All bonds, notes or other evidences of indebtedness issued for regional learning community purposes by a regional learning community for major capital expenses, bus purchases or current operating expenses, including tax or other revenue anticipation notes, are general obligations of the regional learning community.

§ 1480.  Closing school

§ 1481.  State board review of commissioner's decisions

A regional learning community or other interested party may request that the state board reconsider decisions made by the commissioner under this chapter. The state board has the authority to overturn decisions made by the commissioner. In exercising this power, the state board is limited by this chapter.

§ 1482.  Rules

The state board may adopt rules to carry out this chapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

§ 1483.  Transition

A regional learning community must be in full compliance with this chapter no later than July 1, 2008.

Sec. MM-22. 20-A MRSA c. 105,  as amended, is repealed.

Sec. MM-23. 20-A MRSA c. 107,  as amended, is repealed.

Sec. MM-24. 20-A MRSA c. 109,  as amended, is repealed.

Sec. MM-25. 20-A MRSA c. 111,  as amended, is repealed.

Sec. MM-26. 20-A MRSA §2705  is enacted to read:

§ 2705.  Absence of contract

A student who resides in a school administrative unit that does not maintain that student's grade from kindergarten to grade 12, and that does not enter into a contract for the education of its students pursuant to this chapter, has the option of attending a public school in another school administrative unit or private school approved for the receipt of public funds pursuant to chapter 117 subject to the provisions of chapter 219. Beginning in school year 2008-2009, the same option may be exercised by a student in a regional learning community, if that option was available from the school administrative unit in existence prior to June 30, 2008 in which that student resides.

Sec. MM-27. 20-A MRSA §4102,  as amended by PL 1999, c. 206, §3, is further amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-28. 20-A MRSA §4102-A  is enacted to read:

§ 4102-A.  Closing of a school building

The closing of a school building by a regional learning community may occur only when:

Sec. MM-29. 20-A MRSA §7209, sub-§1, ¶E,  as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:

Sec. MM-30. 20-A MRSA §7209, sub-§3, ¶E,  as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:

Sec. MM-31. 20-A MRSA §7209, sub-§3, ¶F,  as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:

Sec. MM-32. 20-A MRSA §7209, sub-§5,  as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:

Sec. MM-33. 20-A MRSA §7209, sub-§7,  as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:

Sec. MM-34. 20-A MRSA §7209, sub-§8,  as enacted by PL 2005, c. 662, Pt. A, §30, is amended to read:

Sec. MM-35. 20-A MRSA §8301-A,  as amended by PL 2005, c. 2, Pt. D, §23 and as affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:

§ 8301-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

Sec. MM-36. 20-A MRSA §8305-A,  as corrected by RR 2003, c. 2, §43, is amended to read:

§ 8305-A. Eligibility

Sec. MM-37. 20-A MRSA §8306, sub-§2,  as corrected by RR 2003, c. 2, §44, is amended to read:

Sec. MM-38. 20-A MRSA §8306, sub-§5,  as corrected by RR 2003, c. 2, §45, is amended to read:

Sec. MM-39. 20-A MRSA §8306-A, 2nd ¶,  as corrected by RR 2003, c. 2, §46, is amended to read:

A program or course of career and technical education may not be offered by a region, center or affiliated unit regional learning community unless approved by the commissioner in compliance with rules adopted pursuant to this chapter.

Sec. MM-40. 20-A MRSA §8307-A,  as corrected by RR 2003, c. 2, §§47-50, is repealed.

Sec. MM-41. 20-A MRSA §8351,  as amended by PL 2005, c. 2, Pt. D, §24 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:

§ 8351. State aid for career and technical education centers and career and technical education regions

State aid for centers and regions must be administered in accordance with chapters 606-B and 609 and Title 20, section 3457. This section is repealed June 30, 2008.

Sec. MM-42. 20-A MRSA §8353,  as corrected by RR 2003, c. 2, §51, is amended to read:

§ 8353. Tuition for students sent out of state

If a unit regional learning community that serves a student's residence determines that that student would be better served by receiving career and technical education, on a tuition basis, at an out-of-state secondary level career and technical school that is located closer to that student's residence than a Maine center, satellite program or region regional learning community serving that student's residence, the State shall subsidize the unit regional learning community the same amount for that student as would have been incurred by such a center, satellite program or region the regional learning community providing the same or similar career and technical education to the student.

Sec. MM-43. 20-A MRSA §8354,  as corrected by RR 2003, c. 2, §§52-54, is amended to read:

§ 8354. Tuition computation for out-of-state students

The tuition charge for each out-of-state student receiving career and technical education at a center, satellite program or region in a regional learning community is determined as follows.

Sec. MM-44. 20-A MRSA §8401,  as amended by PL 1991, c. 655, §8, is further amended to read:

§ 8401. Career and technical education centers

Centers shall must operate within the regional learning community established in chapter 103-A at Augusta, Bath, Biddeford, the former School Administrative District No. 61(Bridgton), Caribou, the former School Administrative District No. 46(Dexter), Ellsworth, the former School Administrative District No. 9(Farmington), the former School Administrative District No. 27 (Fort Kent), Lewiston, Madawaska, Portland, the former School Administrative District No. 1(Presque Isle), Sanford, the former School Administrative District No. 54(Skowhegan), the former School Administrative District No. 24(Van Buren), Waterville and Westbrook. School Administrative District No. 27, School Administrative District No. 33 and Madawaska School Department are authorized to enter into a cooperative agreement to provide for the construction and operation of a center in School Administrative District No. 33.

Sec. MM-45. 20-A MRSA §8403-A, sub-§8  is enacted to read:

Sec. MM-46. 20-A MRSA §8404, sub-§5  is enacted to read:

Sec. MM-47. 20-A MRSA §8405, first ¶,  as amended by PL 1991, c. 518, §16, is further amended to read:

A unit regional learning community operating a center shall employ a certified vocational director.

Sec. MM-48. 20-A MRSA §8451, sub-§1,  as corrected by RR 2003, c. 2, §60, is amended to read:

Sec. MM-49. 20-A MRSA §8451-A,  as amended by PL 2005, c. 2, Pt. D, §27 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:

§ 8451-A. Programs

A region shall provide programs of career and technical education. Programs of career and technical education are eligible to receive state subsidy pursuant to chapters 606-B and 609. All programs of career and technical education offered by a region must be approved by the commissioner pursuant to section 8306-A. The programs must offer a sequence of courses that are directly related to the preparation of individuals for employment in current or emerging occupations and may include training and education in academic and business skills preparing students to further their education at the community college or college level or allowing students to use trade and occupational skills on other than an employee basis. Programs of career and technical education may also include alternative educational programs and training and education in music, athletics, art and other activities approved by the commissioner pursuant to section 8306-A. This section is repealed June 30, 2008.

Sec. MM-50. 20-A MRSA §8452,  as corrected by RR 2003, c. 2, §62, is amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-51. 20-A MRSA §8453-A, sub-§4  is enacted to read:

Sec. MM-52. 20-A MRSA §8454, sub-§4  is enacted to read:

Sec. MM-53. 20-A MRSA §8455,  as corrected by RR 1991, c. 2, §63 and amended by PL 2003, c. 545, §5, is further amended to read:

§ 8455. Career and technical education region considered a political subdivision

A career and technical education region is a political subdivision within the meaning of Title 5, section 19002, subsection 6, and a quasi-municipal corporation within the meaning of Title 30-A, section 5701, and all the provisions of those sections apply to it. This section is repealed June 30, 2008.

Sec. MM-54. 20-A MRSA §8456,  as amended by PL 1991, c. 716, §6 and PL 2003, c. 545, §5, is further amended to read:

§ 8456. Voter approval of cooperative board articles

A region shall vote on articles submitted by the cooperative board using the procedures set forth in sections 1351 to 1354. For such purposes, references in those sections to "school administrative district" or "district" mean career and technical education region; references in those sections to "board of directors," "board," "school board," "school directors" or "school director" mean cooperative board; and references in those sections to "they" mean either, as appropriate in the context, cooperative board or members of the cooperative board. This section is repealed June 30, 2008.

Sec. MM-55. 20-A MRSA §8457, sub-§6  is enacted to read:

Sec. MM-56. 20-A MRSA §8458,   as corrected by RR 2003, c. 2, §64, is further amended to read:

§ 8458. Career and technical education director; chief administrative officer

Sec. MM-57. 20-A MRSA §8459,  as amended by PL 1991, c. 518, §26 and PL 2005, c. 397, Pt. D, §3, is further amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-58. 20-A MRSA §8460,   as corrected by RR 2003, c. 2, §§65 and 66, is amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-59. 20-A MRSA §8461, sub-§4  is enacted to read:

Sec. MM-60. 20-A MRSA §8462, sub-§3  is enacted to read:

Sec. MM-61. 20-A MRSA §8463,  as amended by PL 1991, c. 518, §29, is further amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-62. 20-A MRSA §8464,  as amended by PL 1991, c. 518, §29 and PL 2005, c. 397, Pt. D, §3, is further amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-63. 20-A MRSA §8465,  as amended by PL 1993, c. 742, §1 and PL 2003, c. 545, §5, is further amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-64. 20-A MRSA §8466, sub-§3  is enacted to read:

Sec. MM-65. 20-A MRSA §8467, sub-§3  is enacted to read:

Sec. MM-66. 20-A MRSA §8468, sub-§4  is enacted to read:

Sec. MM-67. 20-A MRSA §15671-A, sub-§5,  as amended by PL 2005, c. 519, Pt. AAAA, §2, is further amended to read:

Sec. MM-68. 20-A MRSA §15671-A, sub-§6,  is enacted to read:

Sec. MM-69. 20-A MRSA §15679, sub-§2,  as enacted by PL 2003, c. 504, Pt. A, §6, is amended to read:

Sec. MM-70. 20-A MRSA §15688, sub-§2,  as amended by PL 2005, c. 2, Pt. D, §54 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:

Sec. MM-71. 20-A MRSA §15688, sub-§2-A  is enacted to read:

Sec. MM-72. 20-A MRSA §15688, sub-§3-A,  as enacted by PL 2005, c. 2, Pt. D, §56 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:

Sec. MM-73. 20-A MRSA §15688, sub-§3-B  is enacted to read:

Sec. MM-74. 20-A MRSA §15688, sub-§4,  as amended by PL 2005, c. 2, Pt. D, §57 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:

Sec. MM-75. 20-A MRSA §15689, sub-§1-A,  as enacted by PL 2005, c. 519, Pt. AAAA, §14, is amended to read:

Sec. MM-76. 20-A MRSA §15689, sub-§1-B  is enacted to read:

Sec. MM-77. 20-A MRSA §15689-D,  as enacted by PL 2005, c. 2, Pt. D, §61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:

§ 15689-D. Governor's recommendation for funding levels

The Department of Administrative and Financial Services, Bureau of the Budget shall annually certify to the Legislature the funding levels that the Governor recommends under sections 15683, 15683-A, 15689 and 15689-A. The Governor's recommendations must be transmitted to the Legislature within the time schedules set forth in Title 5, section 1666. The commissioner may adjust, consistent with the Governor’s recommendation for funding levels, per-pupil amounts not related to staffing pursuant to section 15680 and targeted funds pursuant to section 15681.

Sec. MM-78. 20-A MRSA §15690,  as amended by PL 2005, c. 519, Pt. AAAA, §§17 and 18, is further amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-79. 20-A MRSA §15690-A  is enacted to read:

§ 15690-A.  Local appropriations

Beginning with the budget for the 2008-2009 school year, this section applies to local appropriations for school purposes.

Sec. MM-80. 20-A MRSA §15691, sub-§3  is enacted to read:

Sec. MM-81. 20-A MRSA §15691-A  is enacted to read:

§ 15691-A.  Municipal assessment paid to a regional learning community

Sec. MM-82. 20-A MRSA §15692, sub-§3  is enacted to read:

Sec. MM-83. 20-A MRSA §15693, sub-§9  is enacted to read:

Sec. MM-84. 20-A MRSA §15694,  as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended by adding at the end a new paragraph to read:

This section is repealed June 30, 2008.

Sec. MM-85. 20-A MRSA §15695, sub-§4  is enacted to read:

Sec. MM-86. 20-A MRSA §15755,  as enacted by PL 2005, c. 2, Pt. D, §63 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed.

Sec. MM-87. 20-A MRSA §15901, sub-§1, ¶A,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-88. 20-A MRSA §15901, sub-§4, ¶D,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

Sec. MM-89. 20-A MRSA §15901, sub-§4, ¶E,  as repealed and replaced by PL 1983, c. 613, is amended to read:

Sec. MM-90. 20-A MRSA §15901, sub-§6,  as corrected by RR 1991, c. 2, §71 and amended by PL 2003, c. 545, §5, is repealed.

Sec. MM-91. 20-A MRSA §15901, sub-§7,  as corrected by RR 1991, c. 2, §71 and amended by PL 2003, c. 545, §5, is repealed.

Sec. MM-92. 20-A MRSA §15901, sub-§8,  as corrected by RR 1991, c. 2, §71 and amended by PL 2003, c. 545, §5, is repealed.

Sec. MM-93. 20-A MRSA §15902,  as amended by PL 1999, c. 81, §8, is further amended to read:

§ 15902. Regional learning communities

Sec. MM-94. 20-A MRSA §15903, sub-§5, ¶B,  as amended by PL 1999, c. 81, §10, is further amended to read:

Sec. MM-95. 20-A MRSA §15903, sub-§5, ¶C,  as enacted by PL 1987, c. 379, is further amended to read:

Sec. MM-96. 20-A MRSA §15904,  as amended by PL 2005, c. 12, Pt. WW, §§8 and 9 and c. 683, Pt. B, §15, is further amended to read:

§ 15904. Local vote

Prior to final approval by the state board, a school construction project, except a small scale school construction project as defined in section 15901, subsection 4-A, must receive a favorable vote conducted in accordance with the following.

Sec. MM-97. 20-A MRSA §15905, sub-§5,  as enacted by PL 1993, c. 410, Pt. ZZZ, §1, is amended to read:

Sec. MM-98. 20-A MRSA §15905, sub-§6,  as enacted by PL 1995, c. 632, §2, is amended to read:

Sec. MM-99. 20-A MRSA §15905, sub-§7,  as amended by PL 2005, c. 683, Pt. B, §16, is further amended to read:

Sec. MM-100. 20-A MRSA §15905-A, sub-§4,  as enacted by PL 1999, c. 95, §2, is amended to read:

Sec. MM-101. 20-A MRSA §15907, sub-§1,  as amended by PL 1997, c. 787, §10, is further amended to read:

Sec. MM-102. 20-A MRSA §15907, sub-§2,  as enacted by PL 1981, c. 693, §§ 5 and 8, is further amended to read:

Sec. MM-103. 20-A MRSA §15908, sub-§4,  as enacted by PL 1993, c. 721, Pt. B, §1 and affected by Pt. H, §1, is amended to read:

Sec. MM-104. 20-A MRSA §15908-A, sub-§3,  as enacted by PL 2003, c. 497, §2 and affected by §5, is amended to read:

Sec. MM-105. 20-A MRSA §15909,  as amended by PL 1987, c. 803, §§3 and 5, is further amended to read:

§ 15909. Financing

Sec. MM-106. 20-A MRSA §15910,  as enacted by PL 1981, c. 693, §§5 and 8 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

§ 15910. Requirements

The following requirements shall apply to a school construction project.

Sec. MM-107. 20-A MRSA §15911,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

§ 15911. Community services; conditions of approval

The state board may approve construction of school buildings without obligating the State to pay a share of the costs of those buildings, if those portions are to be constructed to fulfill a community service need.

Sec. MM-108. 20-A MRSA §15912,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

§ 15912. Inspection of facility; compliance

If it appears that a school administrative unit regional learning community has failed to maintain a school facility which that protects the health, welfare and safety of the persons utilizing the facility, the commissioner may cause an inspection to be made. The commissioner shall notify the school administrative unit regional learning community of the findings of the investigation and of any changes to be made. The school administrative unit regional learning community shall make the changes promptly. If it fails to make the changes, it shall be is liable to the penalties provided in section 6801 6801-A.

Sec. MM-109. 20-A MRSA §15913,  as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

§ 15913. School bus shelters

Sec. MM-110. 20-A MRSA §15915,  as amended by PL 2005, c. 499, §1, is further amended to read:

§ 15915. Energy service companies and 3rd-party financing

Sec. MM-111. 20-A MRSA §15915-A, sub-§1,  as enacted by PL 1997, c. 664, §1 and amended by PL 2003, c. 545, §5, is further amended to read:

Sec. MM-112. 20-A MRSA §15915-A, sub-§2,  as enacted by PL 1997, c. 664, §1 and amended by PL 2003, c. 545, §5, is further amended to read:

Sec. MM-113. 20-A MRSA §15918,  as enacted by PL 1997, c. 787, §11, is amended to read:

§ 15918. Maintenance and capital improvement plan assistance

The department and the Department of Administrative and Financial Services, Bureau of General Services shall provide assistance to school administrative units, including regional learning communities and the unorganized territories, in establishing maintenance and capital improvement programs under section 4001, subsection 7. The department, with assistance from the Department of Administrative and Financial Services, Bureau of General Services, shall provide a maintenance template, software and assistance with initial inventory inputs to ensure consistent comprehensive local maintenance and capital improvement plans and to provide for electronic reporting of maintenance and capital improvement progress by school administrative units regional learning communities to the department. The Department of Education and the Bureau of General Services shall adopt rules necessary to implement this section. Rules adopted by the Department of Education and the Bureau of General Services to implement this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.

Sec. MM-114. Initial staggered terms. Notwithstanding the Maine Revised Statutes, Title 20-A, section 1454, subsection 2, the initial members elected to a regional learning community board of directors shall meet and draw lots for the length of term specified as follows.

1. Municipalities with annual elections. In municipalities with annual elections, 1/3 of the directors serve one-year terms, 1/3 of the directors serve 2-year terms and 1/3 of the directors serve 3-year terms. If the number of directors is not evenly divisible by 3, the first remaining director serves a 3-year term and the 2nd a 2-year term.

2. Municipalities with biennial elections. In municipalities with biennial elections, 1/2 of the directors serve 4-year terms and 1/2 of the directors serve 2-year terms. If the number of directors is not divisible by 2, the remaining director serves a 4-year term.

The directors shall serve their terms as determined at the organizational meeting and an additional period until the next regular election of the municipalities. Thereafter, the directors' terms of office are as established in accordance with the provisions of Title 20-A, section 1454.

Sec. MM-115. Transition; schedule; department assistance; use of existing schools and facilities.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2. Schedule. During the transition year, school administrative units within each of the regions designated in the Maine Revised Statutes, Title 20-A, chapter 103-A shall collaborate, with assistance from the department, in order to organize as regional learning communities in accordance with Title 20-A, chapter 103-A. During the transition year and by the beginning of the implementation year, each regional learning community becomes operational as a school administrative unit on the date set by the State Board of Education as provided in Title 20-A, chapter 103-A, but no later than July 1, 2008.

3. Department assistance. To implement the requirements of this Part, the department must provide the following financial and technical assistance to school administrative units for the duration of both the transition year and the implementation year:

4. Use of existing schools and facilities. A regional learning community may, at the discretion of the regional school board and in a manner that is consistent with Title 20-A, continue to operate schools and facilities that were in operation prior to the date established under subsection 2 upon which the regional learning community becomes operational.

Sec. MM-116. Transfer of property and assets.

1. Board of directors. The directors of the board of each regional learning community established in the Maine Revised Statutes, Title 20-A, chapter 103-A shall determine what school property of the municipalities, Child Development Services System regional sites and career and technical education regions in existence prior to July 1, 2008 and of the school administrative units in existence prior to June 30, 2008 in their regions is necessary to carry out the functions of the regional learning community and shall request in writing that the board of each such school administrative unit, Child Development Services System regional site and career and technical education region or the municipal officers transfer title of their school property and buildings to the regional learning community board of directors.

2. Transfer. The municipal officers and boards contacted pursuant to subsection 1 shall make the transfer of property and assets notwithstanding any other provision in the charter of the school administrative unit or municipality or the laws governing the Child Development Services System regional sites or the career and technical education regions or other provision of law.

3. Financing assumed debts. A regional learning community shall assume the outstanding indebtedness of a school administrative unit in existence prior to June 30, 2008 or a career and technical education region in existence prior to June 30, 2008 in its regional learning community for school construction projects approved for subsidy under Title 20-A, chapter 609. If a regional learning community board of directors has assumed the outstanding indebtedness of a school administrative unit in existence prior to June 30, 2008 or a career and technical region in existence prior to June 30, 2008 in its regional learning community, the directors of the regional learning community board may, notwithstanding any other statute or any provision of any trust agreement, use any sinking fund or other money set aside by the school administrative unit in existence prior to June 30, 2008 or a career and technical region in existence prior to June 30, 2008 to pay off the indebtedness for which the money was dedicated. A regional learning community board of directors is not required to assume the outstanding indebtedness of a school administrative unit in existence prior to June 30, 2008 or a career and technical education region in existence prior to June 30, 2008 in its regional learning community for nonstate funded projects pursuant to Title 20-A, section 15905-A.

Sec. MM-117. Operational date and transfer of authority.

1. Operational date. A regional learning community board of directors becomes operational on the date set by the State Board of Education as provided in the Maine Revised Statutes, Title 20-A, chapter 103-A.

2. Transfer of governing authority. The regional learning community board of directors, on the date established in subsection 1, shall assume responsibility for the management and control of the public schools and programs within the school administrative units in existence prior to June 30, 2008, Child Development Services System regional sites and career and technical education regions in existence prior to June 30, 2008 that are within the regional learning community. Those school administrative units in existence prior to June 30, 2008, Child Development Services System regional sites and career and technical education regions in existence prior to June 30, 2008, on the date established in subsection 1, have no further responsibility for the operation or control of the public schools and programs within the regional learning community.

3. Transfer of school accounts. Notwithstanding Title 20-A, section 15004 or any charter of a community school district or coterminous district, or any laws governing the Child Development Services System regional sites or the career and technical education regions, the balance remaining in the school accounts of the municipalities, community school districts or coterminous school districts within the regional learning community must be paid to the treasurer of the regional learning community in equal monthly installments over the remainder of the fiscal year in which the regional learning community is formed.

4. Teacher contracts. The contracts between the municipalities or the career and technical education regions within the regional learning community and all teachers are automatically assigned to the regional learning community board of directors as of the date the regional learning community becomes operative and remain in effect until the end of the implementation year, unless otherwise negotiated by the teachers and the regional learning community board of directors. The regional learning community board of directors shall assign teachers to their duties and make payments upon their contracts.

5. Superintendent contracts. The contracts between the superintendents and municipalities within the regional learning community are transferred to the regional learning community board of directors. The regional learning community board of directors shall determine the superintendents' duties within the regional learning community.

Sec. MM-118. Property tax reduction. Each school administrative unit must provide assessment reductions to each member municipality that will result in property tax reduction for the unit’s member taxpayers through one or more of the following:

1. Increase. The increase provided pursuant to Part C of this Act in state general purpose aid for local schools;

2. Savings. Savings from the regionalization of school administrative units beginning in fiscal year 2008-09; and

3. Other. Other efficiencies chosen by school administrative units.

For each school administrative unit, the Commissioner of Education and the Commissioner of Administrative and Financial Services shall establish and report an assessment reduction target that will result in an amount equal to at least 90% of the increase provided in Part C of this Act in general purpose aid for local schools resulting in property tax reduction.

Each school administrative unit must report annually to the Department of Education, in a format provided by the department that incorporates the target established above, the unit’s assessment reductions and that each member municipality has provided to its taxpayers the property tax reduction resulting from the assessment reductions. If a school administrative unit’s targeted assessment reductions or any member municipality property tax reductions are not reported or do not occur, the Commissioner of Education and the Commissioner of Administrative and Financial Services shall develop a mechanism to guarantee that the full amount of property tax reduction available to the member municipality taxpayers under subsections 1 to 3 occurs.

Sec. MM-119. Report; additional necessary implementing legislation. No later than January 31, 2008, the Commissioner of Education shall submit to the Joint Standing Committee on Education a report that contains recommendations and any proposed legislation necessary to fully implement this Part. Following receipt and review of the report, the Joint Standing Committee on Education may submit legislation to the Second Regular Session of the 123rd Legislature.

Sec. MM-120. Effective date. Those sections of this Part that repeal the Maine Revised Statutes, Title 20-A, chapter 103, chapter 105, chapter 107, chapter 109 and chapter 111 take effect June 30, 2008. Those sections of this Part that amend Title 20-A, chapters 313, 606-B, 608 and 609 take effect June 30, 2008.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This Part makes appropriations and allocations of funds for the 2008-09 biennium.

This Part makes appropriations and allocations of funds for approved reclassifications and range changes.

This Part specifies a mill expectation of 7.34 for fiscal year 2007-08; the total cost of funding public education from kindergarten to grade 12, consisting of total operating allocation, total debt service allocation and total adjustments and miscellaneous costs; and the state and local share of those costs. This Part also authorizes the Commissioner of Education to expend and disburse or transfer funds for Jobs for Maine's Graduates, the Maine School of Science and Mathematics and the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.

This Part does the following.

Section 1 adds the positions of Data Information Coordinator and Office Assistant I to the positions in the management information systems program funded from the General Purpose Aid for Local Schools account that support the implementation of the requirements of the Essential Programs and Services Funding Act.

Section 2 authorizes funding from the General Purpose Aid for Local Schools account to support the Personal Services and All Other costs for a program that promotes learning through technology.

This Part repeals the Fund for the Efficient Delivery of Educational Services within the Department of Education.

This Part changes the student-to-teacher ratio to determine the salary and benefit costs of all school level positions to 17:1.

This Part requires that the State Budget Officer calculate the amount of savings in Part A that apply against each General Fund account for all departments and agencies except legislative branch departments and agencies from savings in the cost of health insurance and transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2007-08 and 2008-09. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts no later than November 1, 2007.

Part H directs the Department of Professional and Financial Regulation and the Department of Economic and Community Development to develop a plan to merge the departments into a single department to be named the Department of Commerce. The departments are directed to report on their progress by October 1, 2007 and are directed to submit any necessary implementing legislation no later than January 1, 2008.

This Part eliminates the Forest Insect Manager position in the Department of Conservation, Bureau of Forestry as a major policy-influencing position.

This Part authorizes the Department of Corrections, upon approval of the Governor, to transfer, by financial order, Personal Services, All Other or Capital Expenditures funding between accounts within the same fund for the purpose of paying overtime expenses.

Part K changes the name of the EPSCoR steering committee to the Governor's Maine Science and Technology Advisory Council.

This Part changes the program name of the Maine Small Business Commission - DECD to the Maine Small Business and Entrepreneurship Commission - DECD. Public Law 2003, chapter 681 changed the name of the Maine Small Business Commission to the Maine Small Business and Entrepreneurship Commission.

This Part does the following.

1. It establishes special voluntary employee incentive programs for state employees for the 2008-2009 biennium, including a 50% workweek option, flexible position staffing and time off without pay subject to the approval of an employee’s appointing authority.

2. It requires that health insurance and group life insurance benefits for employees participating in the program continue based upon the workweek in effect prior to participation in the program.

3. It authorizes the State Budget Officer to transfer General Fund savings resulting from the program to the General Fund Compensation and Benefit Plan account.

4. It lapses $350,000 in each year of the biennium from savings from the program to the General Fund.

This Part authorizes the State Budget Officer to transfer available balances of General Fund appropriations for Personal Services in fiscal year 2007-08 and fiscal year 2008-09 between programs and departments within the General Fund by financial order upon approval of the Governor to be used for costs associated with collective bargaining agreements for state employees.

This Part delays until fiscal year 2009-10 the Fiscal Stability Program provision that would require the executive branch to include an additional General Fund appropriation of 18% in excess of the Department of Inland Fisheries and Wildlife's requested biennial budget.

This Part creates an assessment mechanism that provides adequate funding to allow the Public Utilities Commission to perform its ongoing responsibilities.

This Part does the following.

It authorizes the Maine Governmental Facilities Authority to issue additional securities totaling $17,000,000 over the 2008-2009 biennium for capital repairs and improvements at various state facilities.

It also requires any unexpended balance in the Debt Service - Government Facilities Authority, General Fund account in the Department of Administrative and Financial Services on June 30, 2007 to be carried forward for the same purpose until June 30, 2009.

This Part establishes maximum principal costs, interest rates and duration terms for financing agreements to acquire motor vehicles for the Central Fleet Management Division and the State Police. It also establishes a maximum principal cost, interest rate and duration for a financing agreement regarding the Statewide Radio and Network System Reserve Fund.

This Part delays the increase from 5.1% to 5.2% in municipal revenue sharing to July 1, 2009.

This Part increases the tax on cigarettes and tobacco products effective as of July 1, 2007.

This Part delays implementation of the education tax credit from contributions made on or after January 1, 2007 to January 1, 2009.

This Part amends the 3-factor corporate income apportionment formula to a single factor, based upon sales, effective for tax years beginning on or after January 1, 2007.

This Part authorizes the transfer of up to $77,500,000 from the unappropriated surplus of the General Fund to the Medical Care - Payments to Providers General Fund account. As the first priority, up to $52,000,000 less any amount received in fiscal year 2006-07 for use in fiscal year 2007-08 is transferred to be used to increase prospective interim payments to hospitals. As the second priority, $25,500,000 must be transferred to be expended for hospital settlements, representing the first of equal payments to be made until a total of $102,000,000 has been paid.

This Part allows remaining All Other balances in the Bureau of Medical Services, General Fund account to carry from June 30, 2008 to June 30, 2009 to be used for the same purposes. It allows the transfer of available balances in MaineCare General Fund accounts by financial order upon the recommendation of the State Budget Officer and approval of the Governor.

This Part does the following.

Section 1 requires that any balance in the Nursing Facilities Other Special Revenue Funds account as of June 30, 2007 and June 30, 2008 carries forward for the purpose of funding cost-of-living adjustments for nursing facilities in fiscal year 2007-08 and fiscal year 2008-09.

Section 2 requires that the cost-of-living adjustments provided to nursing homes are to be in the amount of 2%, as applied to all components of the reimbursement rate except the fixed cost component, per year per facility, except that the Commissioner of Health and Human Services may reduce the percentage if it is determined that funds are not available to fund a 2% adjustment. It requires the Department of Health and Human Services to publish its calculation of the projected available funds and the resulting cost-of-living adjustment no later than May 25, 2007 for fiscal year 2007-08 and May 26, 2008 for fiscal year 2008-09.

Section 3 requires any facility that accepts a cost-of-living adjustment to provide an equal percentage increase in wages and benefits to all frontline employees in each of those years in accordance with the department's Principles of Reimbursement for Nursing Facilities.

Section 4 requires that any unexpended balances in the Department of Health and Human Services, Nursing Facilities, Other Special Revenue Funds account as of June 30, 2007 and June 30, 2008 must first be used to the extent necessary to fund the cost-of-living adjustments.

This Part authorizes the Department of Health and Human Services to transfer up to 30 Intensive Case Manager positions in the Mental Health Services - Community program, as they become vacant, to the Office of Integrated Access and Support program to be reorganized to Family Independence Specialist positions. The department is authorized to increase the Other Special Revenue Funds allocation in order to provide the match for the reorganized positions. This Part requires that any General Fund savings resulting from the reorganizations lapse to the General Fund. It requires the Department of Health and Human Services to report to the Legislature's appropriations and financial affairs committee and health and human services committee on the positions and amounts transferred.

This Part provides the method for distributing a departmentwide appropriation to allow the Department of Health and Human Services to pay for legal services provided by the Department of the Attorney General.

This Part provides the method for distributing a departmentwide appropriation to allow the Department of Health and Human Services to pay for information technology.

This Part provides the method for distributing departmentwide savings within the Department of Health and Human Services that will result from the implementation of a managed care effort for behavioral health services.

This Part provides the method for distributing departmentwide savings and headcount eliminations within the Department of Health and Human Services that will result from a departmentwide reorganization.

This Part provides the method for distributing departmentwide savings within the Department of Health and Human Services that will result from a reduction in payments to the Health and Human Services Service Center.

This Part provides that the Atlantic Salmon Commission operates under the jurisdiction and authority of the Department of Marine Resources and authorizes the department to establish the Bureau of Sea-run Fisheries and Habitat. This Part also directs the department to submit necessary implementing legislation.

This part requires the Commissioner of Health and Human Services to review the organizational structure of the Office of MaineCare Services to improve efficiency and cost-effectiveness. The position eliminations and savings identified by the commissioner must be transferred by the State Budget Officer and are to be considered adjustments to position count, appropriations and allocations in fiscal year 2008-09.

This Part removes the position of Director of Employee Relations from salary range 88 and removes this position as a policy influencing position within the Department of Administrative and Financial Services. It also authorizes the commissioner to name a designee to conduct employee relations activities.

This Part, in accordance with the Maine Revised Statutes, Title 5, section 1666, authorizes the continuation of funding for each individual tax expenditure reported in the budget document submitted by the Governor on January 5, 2007.

This Part authorizes the Commissioner of Education to pay costs attributed to the contracted support services and annual payments for laptop computers to high school students and teachers.

This Part authorizes the Department of Administrative and Financial Services to enter into lease-purchase financing arrangements on behalf of the Department of Education for the acquisition of portable computer systems to support the operations of the Maine Learning Technology Initiative program.

This Part changes the maximum assessment from $8,525,000 to an assessment level for each fiscal year that is sufficient to fund the allocation approved by the Legislature for that fiscal year for the Workers' Compensation Board.

This Part implements amendments to the Maine Revised Statutes, Title 20-A in order to streamline the administration of local education in the State. The impact of these changes will be a significant reduction in the number of school superintendents, increases in class sizes for middle and high school students consistent with national norms and an overall reduction in the administrative cost per Maine student. It also makes available property tax reductions equivalent to 90% of the state share of education funding provided in this budget and mandates that these property tax reductions occur.