‘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 A
Sec. .
PART B
Sec. .
PART C
Sec. C-1. PL 2009, c. 213, Pt. TT, §1 is amended to read:
Sec. TT-1. Consolidation of statewide information technology functions, systems and funding to improve efficiency and cost-effectiveness. The Chief Information Officer shall review the current organizational structure, systems and operations of information technology units to improve organizational efficiency and cost-effectiveness. The Chief Information Officer is authorized to manage and operate all information technology systems in the executive branch and to approve all information technology expenditures from a consolidated account within each agency to fulfill strategic and operational objectives as expressed in a memorandum of agreement with each agency. An annual reconciliation of actual services rendered against budgeted amounts will be performed. Notwithstanding any other provision of law, the State Budget Officer shall transfer position counts and available balances where allowable by financial order upon approval of the Governor to the Department of Administrative and Financial Services, Office of Information Technology for the provision of those services. These transfers are considered adjustments to authorized position count, appropriations and allocations in fiscal years 2009-10 and 2010-11. The State Budget Officer shall report to the Joint Standing Committee on Appropriations and Financial Affairs the transferred amounts no later than January 15, 2010.
Notwithstanding any other provision of law, the Chief Information Officer or the Chief Information Officer's designee shall provide direct oversight and management over statewide technology services and oversight over the technology personnel assigned to information technology services. The Chief Information Officer is authorized to identify savings and position eliminations to the General Fund and other funds from efficiencies to achieve the savings identified in this Part.
Sec. C-2. PL 2009, c. 213, Pt. TT, §3 is enacted to read:
Sec. TT-3. Carrying accounts; technology. Notwithstanding any other provision of law, the State Controller shall allow information technology funds to carry forward and shall establish a separate technology account in the consolidated information technology program within each agency to consolidate the funding for those accounts containing information technology funds that currently carry forward.
PART D
Sec. D-1. Transfer; unexpended funds; Baxter Compensation Authority account. Notwithstanding any other provision of law, the State Controller shall transfer $2,570 in unexpended funds from the Baxter Compensation Authority, Other Special Revenue Funds account within the Baxter Compensation Authority to General Fund unappropriated surplus at the close of fiscal year 200910.
PART E
Sec. E-1. 20-A MRSA §1305-A, as amended by PL 2005, c. 12, Pt. WW, §1 and c. 683, Pt. A, §21, is repealed.
Sec. E-2. 20-A MRSA §1305-B, as amended by PL 2005, c. 683, Pt. A, §22, is repealed.
Sec. E-3. 20-A MRSA §1481-A, sub-§2-A is enacted to read:
Sec. E-4. 20-A MRSA §1486, sub-§3, as amended by PL 2009, c. 415, Pt. B, §§7 and 8, is further amended to read:
(1) "Do you favor approving the (name of regional school unit) budget for the upcoming school year that was adopted at the latest (name of regional school unit) budget meeting?
Sec. E-5. 20-A MRSA §1701, sub-§11, ¶B, as amended by PL 1999, c. 710, §9, is further amended to read:
Sec. E-6. 20-A MRSA §1701-A, as amended by PL 2005, c. 12, Pt. WW, §2, is repealed.
Sec. E-7. 20-A MRSA §1701-B, as amended by PL 2005, c. 2, Pt. D, §14 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed.
Sec. E-8. 20-A MRSA §5806, sub-§2, as amended by PL 2009, c. 213, Pt. C, §2, is further amended to read:
Sec. E-9. 20-A MRSA §6051, sub-§1, ¶E, as amended by PL 2005, c. 683, Pt. A, §24, is further amended to read:
Sec. E-10. 20-A MRSA §6051, sub-§1, ¶F, as enacted by PL 1985, c. 797, §36, is amended to read:
Sec. E-11. 20-A MRSA §6051, sub-§1, ¶G is enacted to read:
Sec. E-12. 20-A MRSA §6051, sub-§1, ¶H is enacted to read:
Sec. E-13. 20-A MRSA §6051, sub-§1, ¶I is enacted to read:
Sec. E-14. 20-A MRSA §6051, sub-§7 is enacted to read:
Sec. E-15. 20-A MRSA §6051, sub-§8 is enacted to read:
Sec. E-16. 20-A MRSA §15005, sub-§3, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
Sec. E-17. 20-A MRSA §15671, sub-§7, ¶A, as amended by PL 2009, c. 213, Pt. C, §3, is further amended to read:
(1) For fiscal year 200506, the target is 84%.
(2) For fiscal year 200607, the target is 90%.
(3) For fiscal year 200708, the target is 95%.
(4) For fiscal year 200809, the target is 97%.
(5) For fiscal year 200910, the target is 97%.
(6) For fiscal year 201011 and succeeding years, the target is 100% 97%.
(7) For fiscal year 201112 and succeeding years, the target is 100%.
Sec. E-18. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2009, c. 1, Pt. C, §1 and c. 213, Pt. C, §4, is repealed and the following enacted in its place:
(1) For fiscal year 2005-06, the target is 52.6%.
(2) For fiscal year 2006-07, the target is 53.86%.
(3) For fiscal year 2007-08, the target is 53.51%.
(4) For fiscal year 2008-09, the target is 52.52%.
(5) For fiscal year 2009-10, the target is 48.93%.
(6) For fiscal year 2010-11, the target is 46%.
(7) For fiscal year 2011-12 and succeeding years, the target is 55%.
Sec. E-19. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2009, c. 213, Pt. C, §5, is further amended to read:
(1) For the 2005 property tax year, the full-value education mill rate is the amount necessary to result in a 47.4% statewide total local share in fiscal year 2005-06.
(2) For the 2006 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2006-07.
(3) For the 2007 property tax year, the full-value education mill rate is the amount necessary to result in a 45.56% statewide total local share in fiscal year 2007-08.
(4) For the 2008 property tax year, the full-value education mill rate is the amount necessary to result in a 45.99% statewide total local share in fiscal year 2008-09.
(4-A) For the 2009 property tax year, the full-value education mill rate is the amount necessary to result in a 49.05% 51.07% statewide total local share in fiscal year 2009-10.
(4-B) For the 2010 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45.0% 54.0% statewide total local share in fiscal year 2010-11 and after.
(4-C) For the 2011 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45.0% statewide total local share in fiscal year 2011-12 and after.
Sec. E-20. 20-A MRSA §15683, sub-§1, ¶F, as amended by PL 2005, c. 519, Pt. AAAA, §10, is further amended to read:
Sec. E-21. 20-A MRSA §15689, sub-§1, ¶A, as repealed and replaced by PL 2005, c. 2, Pt. D, §58 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
(1) Multiplying 5% of each school administrative unit's essential programs and services per-pupil elementary rate by the average number of resident kindergarten to grade 8 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1); and
(2) Multiplying 5% of each school administrative unit's essential programs and services per-pupil secondary rate by the average number of resident grade 9 to grade 12 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1) ; and .
The 5% factor in subparagraphs (1) and (2) must be replaced by: 4% for the 2009-10 funding year including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; 3% for the 2010-11 funding year including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; and 3% for the 2011-12 funding year and subsequent years; and
Sec. E-22. 20-A MRSA §15689, sub-§1, ¶B, as amended by PL 2009, c. 1, Pt. C, §2 and c. 213, Pt. C, §8, is repealed and the following enacted in its place:
(1) In fiscal year 2005-06, 84%;
(2) In fiscal year 2006-07, 84%;
(3) In fiscal year 2007-08, 84%;
(4) In fiscal year 2008-09, 45%;
(5) In fiscal year 2009-10, 40% including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009;
(6) In fiscal year 2010-11, 35% including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; and
(7) In fiscal year 2011-12 and succeeding years, 30%.
Sec. E-23. 20-A MRSA §15689, sub-§2, as amended by PL 2007, c. 466, Pt. B, §16, is further amended to read:
(1) The school administrative unit's local share results in a full-value education mill rate less than the local cost share expectation as described in section 15671A through the 2009-10 fiscal year. Beginning in fiscal year 2010-11 and in subsequent fiscal years, the school administrative unit's debt service allocation must include principal and interest payments as defined in section 15672, subsection 2A, paragraph A.
(2) The school administrative unit has debt service costs defined under section 15672, subsection 2A that have been placed on the state board's priority list by January 2005.
(3) Beginning in fiscal year 2010-11 and in subsequent years, the school administrative unit's total debt service costs less the local share amount in paragraph B, subparagraph (2), division (b) is greater than the current state share of the total allocation.
(2) Beginning July 1, 2007, the school administrative unit's state share of the total allocation if the local share was the sum of the following:
(a) The local share amount for the school administrative unit calculated as the lesser of the total allocation excluding debt service costs and the school administrative unit's fiscal capacity multiplied by the mill rate expectation established in section 15671A less the debt service adjustment mill rate defined in section 15672, subsection 2B; and
(b) The local share amount for the school administrative unit calculated as the lesser of the debt service costs and the school administrative unit's fiscal capacity multiplied by the debt service adjustment mill rate defined in section 15672, subsection 2B.
Sec. E-24. 20-A MRSA §15689-B, sub-§4, 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:
Sec. E-25. 20-A MRSA §15690, sub-§1, ¶D is enacted to read:
This paragraph is repealed June 30, 2012.
Sec. E-26. 20-A MRSA §15690, sub-§2, as amended by PL 2005, c. 12, Pt. WW, §6 and affected by §18, is further amended to read:
(1) "Article ....: To see what sum the (municipality or district) will raise and appropriate for the annual payments on debt service previously approved by the legislative body for non-state-funded school construction projects , or non-state-funded portions of school construction projects and minor capital projects in addition to the funds appropriated as the local share of the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12. (Recommend $......)"
(2) The following statement must accompany the article in subparagraph (1). "Explanation: Non-state-funded debt service is the amount of money needed for the annual payments on the (municipality's or district's) long-term debt for major capital school construction projects and minor capital renovation projects that are not approved for state subsidy. The bonding of this long-term debt was previously approved by the voters or other legislative body."
Sec. E-27. 20-A MRSA §15693, sub-§3, ¶B, as enacted by PL 2005, c. 2, Pt. D, §62 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
Sec. E-28. 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 to read:
§ 15694. Actions on budget
The following provisions apply to approving a school budget under this chapter.
(1) A petition containing a number of signatures of legal voters in the member municipalities of the school administrative unit equalling at least 10% of the number of voters who voted in the last gubernatorial election in member municipalities of the school administrative unit, or 100 voters, whichever is less, and specifying the article or articles to be reconsidered must be presented to the school board within 15 days of the regular budget meeting vote at which the budget was finally approved in accordance with chapter 103A.
(2) On receiving the petition, the school board shall call the special budget reconsideration meeting vote, which must be held within 15 days of the date the petition was received.
(1) Within 15 days after receipt of a request from the school board, if the request is received within 15 days of the budget meeting vote at which the budget was finally approved in accordance with section 2307 and it specifies the article or articles to be reconsidered; or
(2) Within 15 days after receipt of a written application presented in accordance with Title 30A, section 2532, if the application is received within 15 days of the budget meeting vote at which the budget was finally approved in accordance with section 2307 and it specifies the article or articles to be reconsidered.
Sec. E-29. PL 2009, c. 213, Pt. C, §17 is amended to read:
Sec. C-17. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20A, section 15671A for fiscal year 2009-10 is 6.73 6.99 and must be lowered to 6.37 6.69 as a result of funds provided under Title XIV of the State Fiscal Stabilization Fund of the federal American Recovery and Reinvestment Act of 2009 as part of the amount restored to school administrative units in fiscal year 2009-10.
Sec. E-30. PL 2009, c. 213, Pt. C, §19 is amended to read:
Sec. C-19. 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, 2009 and ending June 30, 2010 is calculated as follows:
| 2009-10 | 2009-10 | ||
| 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 | $923,174,744 $961,272,967 | $958,971,492 $920,873,269 | |
| Portion to be paid from Federal IDEA balance | ($11,600,000) | ||
| Adjusted state contribution - subject to statewide distributions required by law | $947,371,492 $909,273,269 | ||
Sec. E-31. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20A, section 15671A for fiscal year 201011 is 7.46 and must be lowered to 6.96 as a result of funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009 as part of the amount restored to school administrative units in fiscal year 2010-11.
Sec. E-32. 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 201011 is as follows:
| 2010-11 | |||
| TOTAL | |||
| Total Operating Allocation | |||
| Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage | $1,377,907,552 | ||
| Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage | $1,336,568,385 | ||
| Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A | $399,182,922 | ||
 |
|||
| Total Operating Allocation | |||
| Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A | $1,735,751,307 | ||
| Total Debt Service Allocation | |||
| Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A | $99,049,370 | ||
| Total Adjustments and Miscellaneous Costs | |||
| Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A | $74,663,270 | ||
|
|||
| 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 2010-11 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B | $1,909,463,947 | ||
Sec. E-33. 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, 2010 and ending June 30, 2011 is calculated as follows:
| 2010-11 | 2010-11 | ||
| 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 - subject to statewide distributions required by law | $1,031,138,925 | $878,325,022 | |
Sec. E-34. Limit of State's obligation. If the State's continued obligation for any individual component contained in sections 32 and 33 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 this Part may not lapse but must be carried forward for the same purpose.
Sec. E-35. Authorization of payments. Sections 32 and 33 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, 2010 and ending June 30, 2011.
PART F
Sec. F-1. Lapse; unencumbered balance; BGS - Capital Construction Repair. Notwithstanding any other provision of law, the State Controller shall lapse $175,190 from the unencumbered balance in All Other and $24,809 in Capital Expenditures from the General Fund BGS - Capital Construction Repair Fund account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. F-2. Transfer; unexpended funds; Sale of State Property account. Notwithstanding any other provision of law, the State Controller shall transfer $55,174 in unexpended funds from the Other Special Revenue Funds, Sale of State Property account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. F-3. Transfer; unexpended funds; BPI Insurance and Loss Prevention Property account. Notwithstanding any other provision of law, the State Controller shall transfer $22,536 in unexpended funds from the Other Special Revenue Funds, BPI Insurance and Loss Prevention account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
PART G
Sec. G-1. Transfer; unexpended funds; Food Vending Services account. Notwithstanding any other provision of law, the State Controller shall transfer $70,000 in unexpended funds from the Other Special Revenue Funds, Food Vending Services account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. G-2. Transfer; unexpended funds; Bangor Campus Office Space account. Notwithstanding any other provision of law, the State Controller shall transfer $75,000 by June 30, 2010 and $25,000 by June 30, 2011 in unexpended funds from the Other Special Revenue Funds, Bangor Campus Office Space account in the Department of Administrative and Financial Services to General Fund unappropriated surplus.
Sec. G-3. Transfer; unexpended funds; Monument for Women Veterans account. Notwithstanding any other provision of law, the State Controller shall transfer $9,500 in unexpended funds from the Other Special Revenue Funds, Monument for Women Veterans account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. G-4. Transfer; unexpended funds; Memorial for Emergency Medical Services Personnel account. Notwithstanding any other provision of law, the State Controller shall transfer $2,000 in unexpended funds from the Other Special Revenue Funds, Memorial for Emergency Medical Services Personnel account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
PART H
Sec. H-1. Transfer; unexpended funds; Bureau of General Services - Capital Construction Reserve Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $227,359 in unexpended funds from the Bureau of General Services - Capital Construction Reserve Fund, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. H-2. Transfer; unexpended funds; Bureau of General Services - Capital Construction Reserve Fund - Maine Criminal Justice Academy account. Notwithstanding any other provision of law, the State Controller shall transfer $746 in unexpended funds from the Bureau of General Services - Capital Construction Reserve Fund - Maine Criminal Justice Academy, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. H-3. Transfer; unexpended funds; Bureau of General Services - Capital Construction Reserve Fund - Maine Youth Center account. Notwithstanding any other provision of law, the State Controller shall transfer $131,671 in unexpended funds from the Bureau of General Services - Capital Construction Reserve Fund - Maine Youth Center, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus at the close of fiscal year 2010-11.
Sec. H-4. Transfer; unexpended funds; Bureau of General Services - Capital Construction Reserve Fund - Charleston account. Notwithstanding any other provision of law, the State Controller shall transfer $7,337 in unexpended funds from the Bureau of General Services - Capital Construction Reserve Fund - Charleston, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. H-5. Transfer; unexpended funds; Bureau of General Services - Capital Construction Reserve Fund - Williams Pavilion account. Notwithstanding any other provision of law, the State Controller shall transfer $16,074 in unexpended funds from the Bureau of General Services - Capital Construction Reserve Fund - Williams Pavilion, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus at the close of fiscal year 2009-10.
PART I
Sec. I-1. Transfer; unexpended funds; Maine Solid Waste Management Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $987,605 in unexpended funds from the Maine Solid Waste Management Fund, Other Special Revenue Funds account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2010-11.
Sec. I-2. Transfer; unexpended funds; A&C - Conference account. Notwithstanding any other provision of law, the State Controller shall transfer $44,814 in unexpended funds from the A&C - Conference, Other Special Revenue Funds account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
PART J
Sec. J-1. Transfer; equity reserve fiscal year 2008-09; Retiree Health Insurance Internal Service Fund. Notwithstanding any other provision of law, the State Controller shall transfer $22,590,806 representing the General Fund share of excess equity reserve for retiree health insurance on June 30, 2009 from the Retiree Health Insurance Internal Service Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund by June 30, 2010. The State Controller shall also transfer the equitable share of retiree health insurance excess equity reserve to each participating fund by June 30, 2010.
Sec. J-2. Transfer; equity reserve fiscal year 2009-10; Retiree Health Insurance Internal Service Fund. Notwithstanding any other provision of law, the State Controller shall transfer $23,556,012 representing the projected General Fund share of excess equity reserve for retiree health insurance on June 30, 2010 from the Retiree Health Insurance Internal Service Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund by June 30, 2010. The State Controller shall also transfer the equitable share of retiree health insurance excess equity reserve to each participating fund by June 30, 2010.
Sec. J-3. Calculation and transfer; General Fund; retiree health insurance savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings identified in section 5 of this Part in the Statewide - Retiree Health Insurance General Fund account in the Department of Administrative and Financial Services that applies against each General Fund account for departments and agencies statewide excluding legislative branch accounts as a result of a rate reduction in retiree health insurance. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 201011. The State Budget Officer shall provide a report to the Joint Standing Committee on Appropriations and Financial Affairs of the transferred amounts not later than August 31, 2010.
Sec. J-4. Transfer; retiree health insurance savings; Other Special Revenue Funds accounts. Notwithstanding any other provision of law, the State Controller shall transfer $3,739,191 from Other Special Revenue Funds accounts to the unappropriated surplus of the General Fund by June 30, 2011. This fund transfer is a result of savings achieved by departments and agencies statewide from a rate reduction for retiree health insurance in fiscal year 201011.
Sec. J-5. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Departments and Agencies - Statewide 0016
Initiative: Reduces funding from departments and agencies statewide excluding legislative branch accounts from projected savings in Personal Services achieved through a rate reduction for retiree health insurance.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | ($15,882,850) |
|
|
|
| GENERAL FUND TOTAL | $0 | ($15,882,850) |
PART K
Sec. K-1. Transfer; unexpended funds; Taxation Revenue Collection account. Notwithstanding any other provision of law, the State Controller shall transfer $140,000 in unexpended funds from the Other Special Revenue Funds, Taxation Revenue Collection account in the Department of Administrative and Financial Services to General Fund unappropriated surplus at the close of fiscal year 2009-10.
PART L
Sec. L-1. Transfer; unexpended funds; Bureau of Insurance account. Notwithstanding any other provision of law, the State Controller shall transfer $3,500,191 in unexpended funds from the Bureau of Insurance, Other Special Revenue Funds account in the Department of Professional and Financial Regulation to the unappropriated surplus of the General Fund no later than June 30, 2010.
Sec. L-2. Transfer; unexpended funds; Insurance Assessment Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $75,107 in unexpended funds from the Insurance Assessment Fund, Other Special Revenue Funds account in the Department of Professional and Financial Regulation to the unappropriated surplus of the General Fund no later than June 30, 2010.
Sec. L-3. Transfer; unexpended funds; Office of Securities account. Notwithstanding any other provision of law, the State Controller shall transfer $1,600,000 in unexpended funds from the Office of Securities, Other Special Revenue Funds account in the Department of Professional and Financial Regulation to the unappropriated surplus of the General Fund no later than June 30, 2010.
PART M
Sec. M-1. Transfer; Fund for a Healthy Maine; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $3,925,515 by June 30, 2010 and $1,455,770 by June 30, 2011 from the Fund for a Healthy Maine, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund. The transfer by June 30, 2010 represents unexpended funds on June 30, 2009 of $3,403,873 and the projected increase in revenue by the Revenue Forecasting Committee of $521,642. The transfer by June 30, 2011 represents an increase of $177,282 in revenue projected by the Revenue Forecasting Committee for fiscal year 2010-11 and $1,278,488 available as a result of the enhanced federal medical assistance percentage under the American Recovery and Reinvestment Act of 2009.
PART N
Sec. N-1. Calculation and transfer; General Fund savings; central administration. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide Service Center account in section 2 that applies against each General Fund account for executive branch departments and agencies statewide from a decrease in charges by the Department of Administrative and Financial Services, Division of Financial and Personnel Services associated with savings from a reduction in retiree health insurance rates. The State Budget Officer shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2010-11. 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 30, 2010.
Sec. N-2. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Executive Branch Departments and Independent Agencies - Statewide 0017
Initiative: Reduces funding from departments and agencies statewide to recognize a reduction in charges by the Division of Financial and Personnel Services as a result of a distribution of excess reserves for retiree health insurance for fiscal years 2008-09 and 2009-10 and a reduction in retiree health insurance rates for fiscal year 2010-11.
| GENERAL FUND | 2009-10 | 2010-11 |
|
All Other
|
$0 | ($874,652) |
|
|
|
| GENERAL FUND TOTAL | $0 | ($874,652) |
PART O
Sec. O-1. Deposit reimbursement. Notwithstanding the Maine Revised Statutes, Title 10, section 1495-E, subsection 2-A, if a balance of the initial deposit made by the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation into the Payroll Processor Recovery Fund remains unreimbursed on May 1, 2010, the superintendent must be reimbursed the initial deposit into the fund in 2 disbursements, with 1/2 of the unreimbursed balance repaid on or before June 1, 2010 and the remaining unreimbursed balance repaid on or before June 1, 2011.
PART P
Sec. P-1. Maine State Library; lapsed balances. Notwithstanding any other provision of law, $5,810 of unencumbered balance forward from the Maine State Library, Library Special Acquisitions Fund program, General Fund account, All Other line category lapses to the General Fund no later than June 30, 2010 to achieve targeted savings for fiscal year 2009-10.
PART Q
Sec. Q-1. Maine State Cultural Affairs Council; lapsed balances. Notwithstanding any other provision of law, $3,205 of unencumbered balance forward from the Maine State Cultural Affairs Council, New Century Program Fund, General Fund account, All Other line category lapses to the General Fund no later than June 30, 2010 to achieve targeted savings for fiscal year 2009-10.
PART R
Sec. R-1. Transfer; unexpended funds; Blaine House Renovations and Repairs Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $2,960 in fiscal year 2009-10 from the Blaine House Renovations and Repairs Fund, Other Special Revenue Funds account within the Executive Department to the unappropriated surplus of the General Fund.
PART S
Sec. S-1. Department of Agriculture, Food and Rural Resources, Pollution Control Structures - carrying account; lapsed balance; General Fund. Notwithstanding any other provision of law, $211,904 of unencumbered balance forward in the Pollution Control Structures program, General Fund account in the All Other line category account in the Department of Agriculture, Food and Rural Resources lapses to the General Fund at the close of fiscal year 2009-10.
PART T
Sec. T-1. Calculation and transfer; General Fund; technology savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 2 of this Part with respect to the Statewide Information Technology account in the Department of Administrative and Financial Services that applies against each General Fund account for departments and agencies statewide to recognize additional technology savings. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11. The State Budget Officer shall provide to the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts in fiscal year 2009-10 not later than June 30, 2010 and a report of the transferred amounts in fiscal year 2010-11 not later than November 30, 2010.
Sec. T-2. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Executive Branch Departments and Independent Agencies - Statewide 0017
Initiative: Reduces funding to recognize additional savings resulting from efficiencies gained by the consolidation of funding, resource management of information technology and services and lease-purchase of new application development.
| GENERAL FUND | 2009-10 | 2010-11 |
|
All Other
|
($25,000) | ($454,068) |
|
|
|
| GENERAL FUND TOTAL | ($25,000) | ($454,068) |
PART U
Sec. U-1. 20-A MRSA §7206, sub-§1, as amended by PL 2005, c. 662, Pt. A, §26, is further amended to read:
PART V
Sec. V-1. 20-A MRSA §6651, sub-§6, as amended by PL 2005, c. 683, Pt. A, §26, is repealed.
PART W
Sec. W-1. 20-A MRSA §203, sub-§1, ¶A, as amended by PL 1993, c. 684, §2 and c. 708, Pt. J, §7, is further amended to read:
Sec. W-2. 20-A MRSA §203, sub-§1, ¶F, as amended by PL 2001, c. 344, §3 and c. 439, Pt. H, §3, is further amended to read:
Sec. W-3. 20-A MRSA §203, sub-§1, ¶J, as enacted by PL 1997, c. 266, §2, is repealed.
PART X
Sec. X-1. PL 2005, c. 519, Pt. WW, §1 is amended to read:
Sec. WW-1. Maine Learning Technology Initiative computers and peripheral equipment. Notwithstanding any other provision of law, and except for computers and peripheral equipment purchased by a school district, the Department of Education shall dispose of computers and peripheral equipment purchased for the Maine Learning Technology Initiative through the Department of Administrative and Financial Services, Bureau of General Services' surplus property program. All proceeds from the sale or other disposal agreement net of selling and disposal costs must be deposited , as an adjustment to the account balance, in the General Purpose Aid for Local Schools Learning Through Technology General Fund account within the Department of Education to be used for the continued support of the Maine Learning Technology Initiative.
Sec. X-2. PL 2009, c. 213, Pt. C, §22 is amended to read:
Sec. C-22. Carrying balance; School Finance and Operations program, General Fund account. Notwithstanding any other provision of law, any balance remaining from the $3,500,000 appropriation in fiscal year 2007-08 to the Department of Education’s Management Information Systems program, General Fund account in Public Law 2007, chapter 240, Part A, section 22 to provide statewide support for certain operational efficiencies, such as GIS routing software and consolidated payroll and accounting systems, associated with school consolidation that carried forward to fiscal year 2008-09 pursuant to Public Law 2007, chapter 539, Part NN, section 1 does not lapse but must carry forward in the School Finance and Operations program to June 30, 2011 to be used for the same purpose.
Sec. X-3. Resolve 2007, c. 217, §1 is amended to read:
Sec. 1. Reimbursement to School Administrative District No. 11 for retirement contributions paid in error. Resolved: That, notwithstanding any other provision of law, the Governor must include in the biennial budget bill for the 2010-2011 biennial budget funding in the amount of $90,788 for the reimbursement to School Administrative District No. 11 for the State's share of retirement contributions paid by the school district in error to be offset by a reduction in the fiscal year 2009-10 appropriation for teacher retirement.
Sec. X-4. Lapsed balances; Workshops account in the Department of Education. Notwithstanding any other provision of law, the State Controller shall lapse $292,968 of the unencumbered balance forward in the Workshops Other Special Revenue Funds account in the Department of Education and transfer this balance to the General Fund as unappropriated surplus in fiscal year 2009-10.
PART Y
Sec. Y-1. 32 MRSA §88, sub-§2, ¶E, as amended by PL 2007, c. 274, §20, is further amended to read:
PART Z
Sec. Z-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, on behalf of the Department of Public Safety, may enter into financing arrangements in fiscal years 2009-10 and 2010-11 for the acquisition of motor vehicles for the State Police. The financing arrangements entered into in 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. Z-2. Transfer; unexpended funds; Emergency Medical Services account. Notwithstanding any other provision of law, the State Controller shall transfer $192,949 in unexpended funds from the Emergency Medical Services, Other Special Revenue Funds account in the Department of Public Safety to General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. Z-3. Transfer; unexpended funds; Alcohol Server Education account. Notwithstanding any other provision of law, the State Controller shall transfer $87,681 in unexpended funds from the Alcohol Server Education, Other Special Revenue Funds account in the Department of Public Safety to General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. Z-4. Transfer; unexpended funds; Administration account. Notwithstanding any other provision of law, the State Controller shall transfer $2,000 in unexpended funds from the Administration, Other Special Revenue Funds account in the Department of Public Safety to General Fund unappropriated surplus at the close of fiscal year 2009-10.
Sec. Z-5. Department of Administrative and Financial Services; lease-purchase authorization for Central Fleet vehicles. 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 2009-10 and 2010-11 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 7%. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Fleet Management Division account.
PART AA
Sec. AA-1. Department of Conservation; lapsed balances. Notwithstanding any other provision of law, $48,891 of unencumbered balance forward from the Department of Conservation, Division of Forest Protection program, General Fund account, Capital Expenditures line category and $1,109 in the All Other line category lapse to the General Fund no later than June 30, 2010 and $150,000 of unencumbered balance forward from the Department of Conservation, Division of Forest Protection program, General Fund account, All Other line category lapses to the General Fund no later than June 30, 2011.
Sec. AA-2. Transfer; unexpended funds; Division of Forest Protection account. Notwithstanding any other provision of law, the State Controller shall transfer $19,974 by the close of fiscal year 2009-10 and $92,296 by the close of fiscal year 2010-11 from the Division of Forest Protection, Other Special Revenue Funds account in the Department of Conservation to the unappropriated surplus of the General Fund.
Sec. AA-3. Transfer; proceeds from sale of Jet Ranger helicopter; Division of Forest Protection account. Notwithstanding the Maine Revised Statutes, Title 12, section 8003, subsection 3, paragraph M-1 or any other provision of law, the Department of Conservation is authorized to sell a Jet Ranger helicopter between April 1, 2011 and June 30, 2011. The State Controller shall transfer $400,000 from the anticipated proceeds of the sale of the Jet Ranger helicopter from the Division of Forest Protection, Other Special Revenue Funds account in the Department of Conservation to the General Fund unappropriated surplus at the close of fiscal year 2010-11. The State Controller may transfer unexpended funds from the Division of Forest Protection, Other Special Revenue Funds account in the Department of Conservation to the General Fund unappropriated surplus if the proceeds from the sale of the helicopter by state surplus is less than $400,000.
Sec. AA-4. Transfer; unexpended funds; Geological Survey-05 PL 457 Part F account. Notwithstanding any other provision of law, the State Controller shall transfer $29,635 from the Geological Survey-05 PL 457 Part F, Other Special Revenue Funds account in the Department of Conservation to the unappropriated surplus of the General Fund by the close of fiscal year 2009-10.
PART BB
Sec. BB-1. Transfer; unexpended funds; Fund for the Efficient Delivery of Local and Regional Services - Administration account. Notwithstanding any other provision of law, the State Controller shall transfer $35,500 from the Fund for the Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund by the close of fiscal year 2009-10.
PART CC
Sec. CC-1. Legislature; lapsed balances; fiscal year 200910. Notwithstanding any other provision of law, $1,096,299 of unencumbered balance forward from the various program accounts and line categories in the legislative accounts, as specified by the Executive Director of the Legislative Council, lapses to the General Fund in fiscal year 200910. The executive director shall review the legislative accounts and identify to the State Controller and State Budget Officer by May 15, 2010 the unencumbered balance forward amounts by account and line category totaling $1,096,299 that will lapse to the General Fund to achieve targeted savings for fiscal year 200910.
Sec. CC-2. Legislature; lapsed balances; fiscal year 201011. Notwithstanding any other provision of law, $1,198,166 of unencumbered balance forward from the various program accounts and line categories in the legislative accounts, as specified by the Executive Director of the Legislative Council, lapses to the General Fund in fiscal year 201011. The executive director shall review the legislative accounts and identify to the State Controller and State Budget Officer by May 15, 2011 the unencumbered balance forward amounts by account and line category totaling $1,198,166 that will lapse to the General Fund to achieve targeted savings for fiscal year 201011.
Sec. CC-3. Appropriations and allocations. The following appropriations and allocations are made.
LAW AND LEGISLATIVE REFERENCE LIBRARY
Law and Legislative Reference Library 0636
Initiative: Provides funding to restore longevity payments in the legislative branch in fiscal year 2010-11.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | $5,366 |
|
|
|
| GENERAL FUND TOTAL | $0 | $5,366 |
Law and Legislative Reference Library 0636
Initiative: Reduces funding from projected savings in Personal Services achieved through a rate reduction for retiree health insurance.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | ($47,610) |
|
|
|
| GENERAL FUND TOTAL | $0 | ($47,610) |
| LAW AND LEGISLATIVE REFERENCE LIBRARY | ||
| DEPARTMENT TOTALS | 2009-10 | 2010-11 |
|
GENERAL FUND
|
$0 | ($42,244) |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | ($42,244) |
LEGISLATURE
Legislature 0081
Initiative: Provides funding to restore longevity payments in the legislative branch in fiscal year 2010-11.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | $45,639 |
|
|
|
| GENERAL FUND TOTAL | $0 | $45,639 |
Legislature 0081
Initiative: Reduces funding from projected savings in Personal Services achieved through a rate reduction for retiree health insurance.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | ($787,361) |
|
|
|
| GENERAL FUND TOTAL | $0 | ($787,361) |
| LEGISLATURE | ||
| DEPARTMENT TOTALS | 2009-10 | 2010-11 |
|
GENERAL FUND
|
$0 | ($741,722) |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | ($741,722) |
PROGRAM EVALUATION AND GOVERNMENT ACCOUNTABILITY, OFFICE OF
Office of Program Evaluation and Government Accountability 0976
Initiative: Provides funding to restore longevity payments for employees in the legislative branch in fiscal year 2010-11.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | $832 |
|
|
|
| GENERAL FUND TOTAL | $0 | $832 |
Office of Program Evaluation and Government Accountability 0976
Initiative: Reduces funding from projected savings in Personal Services achieved through a rate reduction for retiree health insurance.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | ($31,530) |
|
|
|
| GENERAL FUND TOTAL | $0 | ($31,530) |
| PROGRAM EVALUATION AND GOVERNMENT ACCOUNTABILITY, OFFICE OF | ||
| DEPARTMENT TOTALS | 2009-10 | 2010-11 |
|
GENERAL FUND
|
$0 | ($30,698) |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | ($30,698) |
| SECTION TOTALS | 2009-10 | 2010-11 |
|
GENERAL FUND
|
$0 | ($814,664) |
|
|
|
| SECTION TOTAL - ALL FUNDS | $0 | ($814,664) |
PART DD
Sec. DD-1. Transfer; unexpended funds; Bureau of Revenue Services Fund. Notwithstanding any other provision of law, the State Controller shall transfer $350,000 by June 30, 2010 and $200,000 by June 30, 2011 in unexpended funds from the Bureau of Revenue Services Fund in the Department of Administrative and Financial Services to General Fund unappropriated surplus.
PART EE
Sec. EE-1. PL 2009, c. 213, Pt. LLL, §1 is repealed.
PART FF
Sec. FF-1. Sale or lease of state properties; proceeds to be deposited in General Fund. Notwithstanding any other provision of law, the Commissioner of Administrative and Financial Services shall identify any proceeds in whole or in part from the sale or lease of state-owned properties by the commissioner as authorized by the Legislature, in the amount of $1,500,000, to be deposited as undedicated revenue to the General Fund no later than June 30, 2011.
PART GG
Sec. GG-1. 36 MRSA §5211, sub-§14, as amended by PL 2009, c. 213, Pt. NN, §1 and affected by §5, is further amended to read:
Sec. GG-2. Application. This Part applies to income tax years beginning on or after January 1, 2010.
PART HH
Sec. HH-1. 36 MRSA c. 914-C is enacted to read:
CHAPTER 914-C
2010 TAX RECEIVABLES REDUCTION INITIATIVES
§ 6601. 2010 Tax Receivables Reduction Initiatives established
There are established the 2010 Tax Receivables Reduction Initiatives, referred to in this chapter as "the initiatives" and consisting of 2 separate initiatives, referred to in this chapter as "the short-term initiative" and "the 5-year initiative." The initiatives are intended to encourage delinquent taxpayers to pay existing tax obligations. The goal of the initiatives is to raise revenue during fiscal year 2010-11 and to reduce existing tax receivables.
§ 6602. Administration
The State Tax Assessor shall administer the initiatives. The short-term initiative applies to tax liabilities that are assessed as of December 31, 2009 and interest and penalties subsequently assessed on such tax liabilities. The 5-year initiative applies to tax liabilities that were assessed as of June 30, 2005 and interest and penalties subsequently assessed on such tax liabilities. A taxpayer may participate in the initiatives without regard to whether the amount due is subject to a pending administrative or judicial proceeding. Participation in the initiatives is conditioned upon the taxpayer's agreement to forgo or withdraw a protest or an administrative or judicial proceeding with regard to liabilities paid under the initiatives and not to claim a refund of money paid under the initiatives. These initiatives are available to a taxpayer if the taxpayer:
§ 6603. Undisclosed liabilities
This chapter does not prohibit the State Tax Assessor from instituting civil or criminal proceedings against any taxpayer with respect to any amount of tax that is not paid with the 2010 tax initiatives application described in section 6605 or on any other return filed with the assessor.
§ 6604. Initiatives period
A 2010 tax initiatives application described in section 6605 may be filed from September 1, 2010 to November 30, 2010.
§ 6605. Initiatives application
The State Tax Assessor shall prepare and make available the 2010 tax initiatives application. The application and associated guidelines prepared by the assessor, which govern participation in the initiatives, are exempt from the Maine Administrative Procedure Act. Each application requires the approval of the assessor and must include the amount of tax, interest and penalty to be paid, as determined pursuant to section 6606, the initiative being applied for and the periods to which the liability applies. The assessor may deny any application not consistent with this chapter.
§ 6606. Waiver of penalties or interest
§ 6607. Collection action not stayed
An enforced collection action, including, but not limited to, a wage levy, bank levy or refund setoff, is not stayed until a taxpayer’s tax initiatives application under section 6605 has been accepted by the State Tax Assessor and the taxpayer has paid all the tax, interest and penalties due pursuant to section 6602, subsection 2.
PART II
Sec. II-1. 36 MRSA §691, sub-§1, ¶A, as amended by PL 2009, c. 487, Pt. B, §14, is further amended to read:
"Eligible business equipment" does not include:
(1) Office furniture, including, without limitation, tables, chairs, desks, bookcases, filing cabinets and modular office partitions;
(2) Lamps and lighting fixtures used primarily for the purpose of providing general purpose office or worker lighting;
(3) Property owned or used by an excluded person;
(4) Telecommunications personal property subject to the tax imposed by section 457;
(5) Gambling machines or devices, including any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity as that term is defined in Title 8, section 1001, subsection 15, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. "Gambling machines or devices" includes, without limitation:
(a) Associated equipment as defined in Title 8, section 1001, subsection 2;
(b) Computer equipment used directly and primarily in the operation of a slot machine as defined in Title 8, section 1001, subsection 39;
(c) An electronic video machine as defined in Title 17, section 1831, subsection 4;
(d) Equipment used in the playing phases of lottery schemes; and
(e) Repair and replacement parts of a gambling machine or device;
(6) Property located at a retail sales facility and used primarily in a retail sales activity unless the property is owned by a business that operates a retail sales facility in the State exceeding 100,000 square feet of interior customer selling space that is used primarily for retail sales and whose Maine-based operations derive less than 30% of their total annual revenue on a calendar year basis from sales that are made at a retail sales facility located in the State. For purposes of this subparagraph, the following terms have the following meanings:
(a) "Primarily" means more than 50% of the time;
(b) "Retail sales activity" means an activity associated with the selection and purchase of goods or services or the rental of tangible personal property. "Retail sales activity" does not include production as defined in section 1752, subsection 9-B; and
(c) "Retail sales facility" means a structure used to serve customers who are physically present at the facility for the purpose of selecting and purchasing goods or services at retail or for renting tangible personal property. "Retail sales facility" does not include a separate structure that is used as a warehouse or call center facility; or
(7) Property that is not entitled to an exemption by reason of the additional limitations imposed by subsection 2 . ; or
(8) Personal property that would otherwise be entitled to exemption under this subchapter used primarily to support a telecommunications antenna used by a telecommunications business subject to the tax imposed by section 457.
Sec. II-2. 36 MRSA §6652, sub-§1-B, ¶B, as amended by PL 2003, c. 625, §1 and affected by §3 and amended by c. 687, Pt. A, §10 and affected by Pt. B, §11, is further amended to read:
Sec. II-3. 36 MRSA §6652, sub-§1-B, ¶C, as amended by PL 2009, c. 487, Pt. B, §15, is further amended to read:
(1) Associated equipment as defined in Title 8, section 1001, subsection 2;
(2) Computer equipment used directly and primarily in the operation of a slot machine as defined in Title 8, section 1001, subsection 39;
(3) An electronic video machine as defined in Title 17, section 1831, subsection 4;
(4) Equipment used in the playing phases of lottery schemes; and
(5) Repair and replacement parts of a gambling machine or device . ; or
Sec. II-4. 36 MRSA §6652, sub-§1-B, ¶D is enacted to read:
Sec. II-5. Application. That section of this Part that amends the Maine Revised Statutes, Title 36, section 691, subsection 1, paragraph A applies to property tax years beginning on or after April 1, 2010. That section of this Part that amends Title 36, section 6652, subsection 1B applies to application periods beginning on or after August 1, 2010.
PART JJ
Sec. JJ-1. 30-A MRSA §5681, sub-§5-C, as amended by PL 2009, c. 462, Pt. E, §1, is further amended to read:
Sec. JJ-2. Transfers to General Fund for fiscal year 200910. Notwithstanding the requirement in the Maine Revised Statutes, Title 30A, section 5681, subsection 5C that amounts be transferred to General Fund undedicated revenue on a proportionate basis, for fiscal year 200910, the transfer of the amount as increased pursuant to this Part must be transferred on a proportional basis based on the number of months remaining in fiscal year 200910 following the effective date of this Part.
PART KK
Sec. KK-1. Short-term emergency contingency account; transfers. The State Controller shall establish a short-term emergency contingency account within the Department of Administrative and Financial Services and shall transfer $6,119,961 from the General Fund unappropriated surplus to the short-term emergency contingency account on the effective date of this Part. Expenditures from the account must be approved by the Legislature. If the Legislature does not enact legislation committing these funds by April 30, 2010, the State Controller shall transfer any unexpended balance in the account to the Maine Budget Stabilization Fund.
PART LL
Sec. LL-1. 5 MRSA §13080-S, sub-§3, as enacted by PL 1995, c. 644, §2, is amended to read:
Sec. LL-2. 36 MRSA §6758, sub-§3, as amended by PL 2009, c. 361, §34 and c. 461, §28, is repealed and the following enacted in its place:
PART MM
Sec. MM-1. 36 MRSA §685, sub-§4, as enacted by PL 1997, c. 643, Pt. HHH, §3 and affected by §10, is amended to read:
Sec. MM-2. Application. That section of this Part that amends the Maine Revised Statutes, Title 36, section 685, subsection 4 applies to reimbursements for property tax years beginning on or after April 1, 2010.
PART NN
Sec. NN-1. 5 MRSA §285, sub-§1, ¶F-8 is enacted to read:
PART OO
Sec. OO-1. Compensation and Benefit Plan; lapsed balances; Administrative and Financial Services, General Fund. Notwithstanding any other provision of law, $13,500,000 of unencumbered balance forward in the Personal Services line category in the Compensation and Benefit Plan, General Fund account in the Department of Administrative and Financial Services lapses to the General Fund at the close of fiscal year 2009-10.
PART PP
Sec. PP-1. PL 2009, c. 414, Pt. D, §5 is amended to read:
Sec. D-5. Disbursement of bond proceeds. The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Public Utilities Commission, the University of Maine System, the Maine Maritime Academy , and the Maine Community College System and the Department of Administrative and Financial Services.
Sec. PP-2. PL 2009, c. 414, Pt. D, §6 is amended to read:
Sec. D-6. Allocations from General Fund bond issue. The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
| PUBLIC UTILITIES COMMISSION | |
| Public Utilities Commission | |
| Provides funds for weatherization and energy efficiency programs for low and middle income households and small businesses. If the energy efficiency programs of the commission are transferred to another entity established by the Legislature, the commission shall transfer all unexpended funds to that entity. | $12,000,000 |
| UNIVERSITY OF MAINE SYSTEM | |
| University of Maine System | |
| Provides funds for energy and infrastructure upgrades at all campuses of the University of Maine System. | $9,500,000 |
| MAINE COMMUNITY COLLEGE SYSTEM | |
| Maine Community College System | |
| Provides funds for energy and infrastructure upgrades at all campuses of the Maine Community College System. | $5,000,000 |
| MAINE MARITIME ACADEMY | |
| Maine Maritime Academy | |
| Provides funds for energy and infrastructure upgrades at the Maine Maritime Academy. | $1,000,000 |
| DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES | |
| UNIVERSITY OF MAINE SYSTEM | |
| Maine Marine Wind Energy Demonstration Site Fund | |
| Provides funds for research, development and product innovation associated with developing one or more ocean wind energy demonstration sites. | $6,000,000 |
PART QQ
Sec. QQ-1. Transfer; unexpended funds; Criminal History Record Check Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $140,000 in unexpended funds from the Criminal History Record Check Fund, Other Special Revenue Funds account in the Department of Education to the unappropriated surplus of the General Fund no later than June 30, 2010.
PART RR
Sec. RR-1. Calculation and transfer; General Fund savings through increased efficiencies and other cost reduction initiatives. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings identified in section 2 from increased efficiencies and other cost reduction initiatives that apply against each General Fund account for all departments and agencies except legislative branch departments and agencies and shall transfer the amounts by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts not later than November 5, 2010.
Sec. RR-2. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Executive Branch Departments and Independent Agencies - Statewide 0017
Initiative: Reduces funding for departments and agencies statewide to be realized through increased efficiencies and other cost reduction initiatives.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Unallocated
|
($2,000,000) | ($2,000,000) |
|
|
|
| GENERAL FUND TOTAL | ($2,000,000) | ($2,000,000) |
PART SS
Sec. SS-1. Transfer; workers’ compensation savings; Other Special Revenue Funds accounts. Notwithstanding any other provision of law, the State Controller shall transfer $929,280 by June 30, 2010 and $723,114 by June 30, 2011 from Other Special Revenue Funds accounts to the unappropriated surplus of the General Fund. These fund transfers represent savings from a return of excess equity for fiscal year 2009-10 and savings from a reduction in workers’ compensation rates for departments and agencies statewide for fiscal year 2010-11.
PART TT
Sec. TT-1. Transfer of funds; Other Special Revenue Funds accounts; department and agencies statewide. Notwithstanding any other provision of law, the State Controller shall transfer $3,851,454 in savings achieved from shutdown days and other statewide reductions from the Other Special Revenue Funds accounts for departments and agencies statewide to the unappropriated surplus of the General Fund at the close of fiscal year 2010-11.
PART UU
Sec. UU-1. 18-A MRSA §2-203, as enacted by PL 1979, c. 540, §1, is repealed and the following enacted in its place:
§ 2-203. Right of election personal to surviving spouse
The right of election of the surviving spouse may be exercised only during the lifetime of the surviving spouse by:
Sec. UU-2. Application. That section of the Part that repeals and replaces the Maine Revised Statutes, Title 18A, section 2203 applies to a surviving spouse who has the right to exercise the elective share under Title 18A, Part 2 on or after the effective date of this Part.
PART VV
Sec. VV-1. 36 MRSA §2893, sub-§2, as amended by PL 2003, c. 673, Pt. HH, §4, is further amended to read:
Sec. VV-2. 36 MRSA §2893, sub-§3, as amended by PL 2007, c. 438, §62, is further amended to read:
Sec. VV-3. 36 MRSA §2894 is enacted to read:
§ 2894. Hospital assessment
For state fiscal year 2010-11, an assessment is imposed against each hospital in the State. The assessment is equal to 0.12% of net operating revenue as identified on the hospital's most recent audited financial statement for the hospital's fiscal year that ended during calendar year 2008.
Sec. VV-4. 36 MRSA §2895 is enacted to read:
§ 2895. Return and payment of assessment; application of revenues
PART WW
Sec. WW-1. Nursing home eligibility medical assessment rules. The Department of Health and Human Services shall amend its rules and policies to eliminate the requirement for 90-day and for 5-year medical assessments for MaineCare nursing home eligibility. After an initial medical assessment, the department shall require that nursing home providers conduct ongoing evaluations using the State’s minimum data set for determining medical eligibility. The department shall establish a process to assess penalties for nursing home provider misqualifications in medical eligibility determinations and to use existing department case reviewers to monitor nursing home resident medical eligibility determinations through random sampling methods.
PART XX
Sec. XX-1. 22 MRSA §3769, sub-§3 is enacted to read:
PART YY
Sec. YY-1. Allocation of revenue from watercraft registration fees. The Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources shall review the allocation of watercraft registration fees between the Department of Inland fisheries and Wildlife and the Department of Marine Resources and make recommendations for changes to the allocation. This review must take into account the historical precedence for the division of the fees, the intent of recent statutory increases to the watercraft registration fees and the intent of any statutory changes to the allocation of these fees. The commissioners shall report their recommendations to the Joint Standing Committee on Appropriations and Financial Affairs, the Joint Standing Committee on Inland Fisheries and Wildlife and the Joint Standing Committee on Marine Resources no later than November 30, 2010.
PART ZZ
Sec. ZZ-1. Rename Mental Retardation Services - Community program. Notwithstanding any other provision of law, the Mental Retardation Services - Community program within the Department of Health and Human Services is renamed the Developmental Services - Community program.
Sec. ZZ-2. Rename Medicaid Services - Mental Retardation program. Notwithstanding any other provision of law, the Medicaid Services - Mental Retardation program within the Department of Health and Human Services is renamed the Medicaid Services - Developmental Services program.
Sec. ZZ-3. Rename Mental Retardation Waiver - MaineCare program. Notwithstanding any other provision of law, the Mental Retardation Waiver - MaineCare program within the Department of Health and Human Services is renamed the Developmental Services Waiver - MaineCare program.
Sec. ZZ-4. Rename Mental Retardation Waiver - Supports program. Notwithstanding any other provision of law, the Mental Retardation Waiver - Supports program within the Department of Health and Human Services is renamed the Developmental Services Waiver - Supports program.
Sec. ZZ-5. Intent; effect. The substitution of the words "Developmental Services" for the words "Mental Retardation" and "Mental Retardation Services" under the provisions of this Part is not intended to and does not change the eligibility requirements for services or benefits or result in an expansion of services or benefits provided by the Department of Health and Human Services.
PART AAA
Sec. AAA-1. 36 MRSA §2892, as amended by PL 2007, c. 545, §6, is further amended by adding at the end a new paragraph to read:
For state fiscal years beginning on or after July 1, 2010, the hospital's taxable year is the hospital's fiscal year that ended during calendar year 2008.
PART BBB
Sec. BBB-1. Transfer from unappropriated surplus; Office of Integrated Access and Support - Central Office, Other Special Revenue Funds account; indirect cost allocation settlements. Notwithstanding any other provision of law, the State Controller shall transfer $3,804,827 by June 30, 2010 from the unappropriated surplus of the General Fund to the Office of Integrated Access and Support - Central Office, Other Special Revenue Funds account within the Department of Health and Human Services for indirect cost allocation settlements.
Sec. BBB-2. Transfer from unappropriated surplus; Family Independence - Regional, Other Special Revenue Funds account; indirect cost allocation settlements. Notwithstanding any other provision of law, the State Controller shall transfer $1,569,406 by June 30, 2010 from the unappropriated surplus of the General Fund to the Family Independence - Regional, Other Special Revenue Funds account within the Department of Health and Human Services for indirect cost allocation settlements.
Sec. BBB-3. Transfer from unappropriated surplus; Administrative Hearings, Other Special Revenue Funds account; indirect cost allocation settlements. Notwithstanding any other provision of law, the State Controller shall transfer $439,694 by June 30, 2010 from the unappropriated surplus of the General Fund to the Administrative Hearings, Other Special Revenue Funds account within the Department of Health and Human Services for indirect cost allocation settlements.
PART CCC
Sec. CCC-1. Transfer from Other Special Revenue Funds to unappropriated surplus of the General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $68,200,000 on June 30, 2010 from Other Special Revenue Funds to the unappropriated surplus of the General Fund. On July 1, 2010, the State Controller shall transfer $68,200,000 from the General Fund unappropriated surplus to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance.
PART DDD
Sec. DDD-1. Implementation of recommendations of natural resources agency task force. Beginning January 1, 2011, the Governor shall implement recommendations of the 2008 report of the natural resources agency task force appointed by the Governor to implement Public Law 2007, chapter 539, Part YY, section 2 to:
1. Move toward management of all state boat launch facilities by one of the natural resources agencies;
2. Move toward having natural resources agencies and staff collocated in various regional offices to increase communication and collaboration; and
3. Move toward rational alignment of districts for natural resources agencies to increase communication and collaboration among staff members and between agencies and local government and citizens of those regions.
PART EEE
Sec. EEE-1. Emergency rulemaking regarding vital records fees. The Department of Health and Human Services, Office of Health Data and Program Management shall by April 1, 2010 adopt rules on an emergency basis to set the fees for obtaining copies of vital records from the office at the same levels as were in effect in September 2009 and, following adoption of the emergency rules, shall complete nonemergency rulemaking to set the fees at the September 2009 levels. Rules adopted pursuant to this section are routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, subchapter 2A.
PART FFF
Sec. FFF-1. 8 MRSA §1036, sub-§5 is enacted to read:
Sec. FFF-2. Review of slot machine revenue distribution. Upon approval of the Legislative Council, the Joint Standing Committee on Legal and Veterans Affairs shall review the current allocation of funds from slot machine facilities in the Maine Revised Statutes, Title 8, section 1036 and any other allocation of funds regarding casinos approved by the Legislature or the voters in the State and make recommendations for any necessary changes.
In conducting its review, the Joint Standing Committee on Legal and Veterans Affairs shall consult with interested groups as it considers appropriate. The committee's recommendations must address, at a minimum, the following issues:
1. The appropriate framework for ensuring thorough and regular reviews of the allocation of revenue from slot machine facilities or approved casinos that consider the adequacy of the distribution of revenue among existing and new potential uses and recipients; and
2. Principles for the allocation of revenue from slot machine facilities or approved casinos consistent with voters' intent.
The Joint Standing Committee on Legal and Veterans Affairs shall, no later than November 3, 2010, submit a report with implementing legislation to the First Regular Session of the 125th Legislature on the issues identified in this Part.
PART GGG
Sec. GGG-1. Private nonmedical institution rate standardization. The Department of Health and Human Services shall convene a provider working group to participate in the process of developing and implementing standardized rates for private nonmedical institutions, including substance abuse treatment facilities and community residences for persons with mental illness. The Department of Health and Human Services is authorized to adopt rules to establish a standardized rate structure for private nonmedical institutions that bill MaineCare under the MaineCare Benefits Manual, Chapter III, Section 97, Appendix B: Principles of Reimbursement for Substance Abuse Treatment Facilities, and Appendix E: Principles of Reimbursement for Community Residences for Persons with Mental Illness. The rules must achieve the savings included in Part A and may include a separate standardized rate for each different type and level of service specified. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
PART HHH
Sec. HHH-1. Unified payment card work group established. The Treasurer of State shall convene a work group to review disbursement options related to a unified payment card for state expenditures in order to determine if increased cardholder convenience and further state budget savings can be achieved.
Sec. HHH-2. Participants. In convening the work group under section 1, the Treasurer of State shall include representatives from the Department of Administrative and Financial Services, Office of the State Controller, Division of Purchases, Bureau of Revenue Services and Office of Information Technology; the Department of Labor; the Department of Health and Human Services; the Department of Corrections; the Department of Education; and the Department of Professional and Financial Regulation. The Treasurer of State shall serve as chair of the work group and may accept resources as approved and provided by work group participants.
Sec. HHH-3. Duties. The work group under section 1 shall:
1. Review current payment card offerings;
2. Explore opportunities to expand payment card offerings;
3. Determine any cost savings and expenses associated with a unified payment card; and
4. Recommend actions and timelines, if appropriate.
Sec. HHH-4. Report. The work group under section 1 shall submit its report, including any recommended implementing legislation, to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by January 15, 2011.
PART III
Sec. III-1. Nursing facility food handling requirements. The Department of Health and Human Services shall review the rules regarding food handling requirements in nursing facilities, including but not limited to the rules regarding the serving of foods from previously prepared menus and portion requirements, with the objective of reducing waste and encouraging efficiencies in food handling while maintaining the quality of the menus. In its review, the department shall seek advice from an advisory group, which includes but is not limited to the long-term care ombudsman, professional food managers and food inspectors from the department and private facilities. The department may adopt new rules by December 31, 2010 to ensure that all nursing facility residents affected are treated uniformly regarding food handling and management. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2A.
PART JJJ
Sec. JJJ-1. 5 MRSA §285, sub-§7-A, as enacted by PL 2009, c. 213, Pt. GG, §2, is amended to read:
The benchmarks developed by the commission must provide 3 2 discrete levels for the state share of the individual premium as follows.
PART KKK
Sec. KKK-1. Debt service. For the 2012-2013 biennial budget, the baseline appropriation for the Debt Service - UMS program within the University of Maine System is increased by $850,000 per year for debt service costs to support a 10-year revenue bond to bring facilities at the University of Maine into compliance and remove asbestos and mercury contamination, with the first year of debt service starting in fiscal year 2011-12.
PART LLL
Sec. LLL-1. 9-A MRSA §8-303, sub-§2-A, as enacted by PL 2009, c. 113, §1, is amended to read:
A governmental entity shall disclose to the consumer that the surcharge may be avoided if the consumer makes payments by cash, check or other means not a credit card or debit card. A governmental entity is not subject to any liability to the issuer of a credit card or an authorized 3rd-party payment service provider for nonpayment of credit card charges by the consumer. As used in this subsection, "governmental entity" means a county established or governed by Title 30-A, Part 1, a municipality as defined in Title 30-A, section 2001, subsection 8, a quasi-municipal corporation as defined in Title 30-A, section 2604, subsection 3 or , the Judicial Department as described in Title 4 , the University of Maine System, the Maine Community College System or the Maine Maritime Academy.
PART MMM
Sec. MMM-1. PL 2009, c. 213, Pt. SSS, §4 is amended to read:
Sec. SSS-4. Merit increases and longevity payments. Notwithstanding the Maine Revised Statutes, Title 26, section 979-D or section 1285 or any other provision of law, any merit increase or longevity payment, regardless of funding source, scheduled to be awarded or paid between July 1, 2009 and June 30, 2011 and any longevity payment, regardless of funding source, scheduled to be paid between July 1, 2009 and June 30, 2010 to any person employed by the departments and agencies within the executive and judicial branches, including the constitutional officers and the Department of Audit, may not be awarded, authorized or implemented. These savings may be replaced by other Personal Services savings by agreement of the State and the bargaining agents representing state employees.
Sec. MMM-2. PL 2009, c. 213, Pt. SSS, §5 is amended to read:
Sec. SSS-5. Personal Services adjustments for the 2010-2011 biennium; legislative branch. Notwithstanding the State Employees Labor Relations Act or any other provision of law, the Personal Services expenditures for the legislative branch must be adjusted to achieve Personal Services savings in a manner determined by the Legislative Council including implementation of office closures and suspension of merit or step increases and longevity stipends for the 2010-2011 biennium and suspension of longevity stipends for fiscal year 2009-10.
PART NNN
Sec. NNN-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, 2010 may not lapse but must be carried forward to June 30, 2011 to be used for the same purposes.
PART OOO
Sec. OOO-1. Emergency rule-making authority; health and human services matters. The Department of Health and Human Services is authorized to adopt emergency rules on or before June 30, 2010 under the Maine Revised Statutes, Title 5, sections 8054 and 8073 in order to implement those provisions of this Act over which the department has subject matter jurisdiction without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare.
PART PPP
Sec. PPP-1. 22 MRSA §3174-Q, sub-§2, as enacted by PL 1995, c. 696, Pt. B, §2, is amended to read:
If the department takes action to eliminate or modify a service under this subsection, it shall provide notice of the rule-making proceedings to members of the Legislature.
PART QQQ
Sec. QQQ-1. 20-A MRSA §1486, sub-§1, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:
Every 3 years, the voters in a regional school unit shall consider continued use of the budget validation referendum process. The warrant at the budget validation referendum in the 3rd year following adoption or continuation of the referendum process must include an article by which the voters of the school administrative district may indicate whether they wish to continue the process for another 3 years. The warrant for the referendum to validate the fiscal year 2010-11 budget is deemed the 3rd-year warrant. A vote to continue retains the process for 3 additional years. A vote to discontinue the process ends its use beginning with the following budget year and prohibits its reconsideration for at least 3 years.
An article to consider reinstatement of the budget validation referendum process may be placed on a warrant for a referendum vote by either a majority vote of the regional school unit board or a written petition filed with the regional school unit board by at least 10% of the number of voters voting in the last gubernatorial election in the municipalities in the school administrative district. The regional school unit board shall place the article on the next scheduled warrant or an earlier one if determined appropriate by the regional school unit board. If adopted by the voters, the budget validation referendum process takes effect beginning in the next budget year or the following budget year if the adoption occurs less than 90 days before the start of the next budget year. Once approved by the voters, the budget validation referendum process may not be changed for 3 years.
Sec. QQQ-2. 20-A MRSA §1486, sub-§2, as amended by PL 2009, c. 98, §1, is further amended to read:
PART RRR
Sec. RRR-1. 5 MRSA §17001, sub-§4, ¶A, as amended by PL 2009, c. 213, Pt. SSS, §1, is further amended to read:
PART SSS
Sec. SSS-1. 34-B MRSA §1409, sub-§15, as amended by PL 2005, c. 236, §3 and c. 256, §5, is further amended to read:
PART TTT
Sec. TTT-1. Distribution of Fund for a Healthy Maine deallocation; report required. The State Budget Officer shall review the programs receiving funds from the Fund for a Healthy Maine and shall make adjustments to each account receiving funding in the All Other line category pursuant to the deallocation in the Department of Administrative and Financial Services included in Part A. The State Budget Officer shall first apply any unexpended balance in the Fund for a Healthy Maine on June 30, 2010 before making any adjustments. These adjustments must be calculated in proportion to each account's allocation in the All Other line category in relation to the total All Other allocation for Fund for a Healthy Maine programs. Notwithstanding any other provision of law, the State Budget Officer shall transfer the identified amounts by financial order upon approval of the Governor. These transfers are considered adjustments to allocations in fiscal year 2010-11. The State Budget Officer shall report on the distribution of savings to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 2011.
PART UUU
Sec. UUU-1. PL 2009, c. 213, Pt. MMM, §2, as enacted by PL 2009, c. 371, Pt. B, §2, is amended to read:
Sec. MMM-2. Transfer; Maine Budget Stabilization Fund. Notwithstanding the Maine Revised Statutes, Title 5, section 1536 or any other provision of law, $3,643,615 $8,279,283 of the balance in General Fund unappropriated surplus on June 30, 2010 and $2,488,702 of the balance in General Fund unappropriated surplus on June 30, 2011 must be transferred to the Maine Budget Stabilization Fund no later than June 20 30, 2011 after all budgeted financial commitments and adjustments considered necessary by the State Controller have been made.
PART VVV
Sec. VVV-1. PL 2007, c. 240, Pt. XXXX, §36, sub-§11, as amended by PL 2009, c. 213, Pt. KKKK, §1, is further amended to read:
11. Result of disapproval at January 2008 referendum or subsequent referendum on or before January 30, 2009. A school administrative unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before January 30, 2009 may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.
Sec. VVV-2. PL 2007, c. 240, Pt. XXXX, §36, sub-§11-A, as enacted by PL 2009, c. 213, Pt. KKKK, §2, is amended to read:
11-A. Result for school administrative unit that approves plan at referendum on or before January 30, 2010 but is unable to implement plan. A school administrative unit that approves a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before January 30, 2009 2010 but is unable to implement the plan because the plan was rejected at referendum by one or more of its proposed partner school administrative units under the plan may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.
PART WWW
Sec. WWW-1. 36 MRSA §271, sub-§2, ¶C, as enacted by PL 1985, c. 764, §8, is amended to read:
Sec. WWW-2. 36 MRSA §271, sub-§2, ¶D, as enacted by PL 1985, c. 764, §8, is amended to read:
Sec. WWW-3. 36 MRSA §271, sub-§2, ¶E is enacted to read:
Sec. WWW-4. 36 MRSA §271, sub-§3, as amended by PL 1993, c. 395, §9, is further amended to read:
Sec. WWW-5. 36 MRSA §271, sub-§3-A, as enacted by PL 1993, c. 395, §10, is amended to read:
Sec. WWW-6. 36 MRSA §271, sub-§9 is enacted to read:
Sec. WWW-7. 36 MRSA §271, sub-§10 is enacted to read:
Sec. WWW-8. Application. This Part does not apply to any appeal pending or petition filed with the State Board of Property Tax Review prior to the effective date of this Act.
PART XXX
Sec. XXX-1. 20-A MRSA §15689-B, sub-§6, as amended by PL 2009, c. 213, Pt. C, §15, is further amended to read:
PART YYY
Sec. YYY-1. 27 MRSA §7 is enacted to read:
§ 7. Private support organization
PART ZZZ
Sec. ZZZ-1. Report. The Commissioner of Education and the Commissioner of Health and Human Services shall present a status report to the Joint Standing Committee on Education and Cultural Affairs regarding the financial implications of implementing any proposed changes to the Department of Health and Human Services rules pertaining to MaineCare, including the potential adverse fiscal impact for Medicaid-eligible children from birth to 20 years of age who receive programs and services through the Child Development Services System and through kindergarten to grade 12 schools in accordance with the federal Individuals with Disabilities Education Act, 20 United States Code, Sections 1400 et seq. The commissioners shall submit a final report no later than October 1, 2010. The Joint Standing Committee on Education and Cultural Affairs may report out a bill to the 124th Legislature based on the report submitted pursuant to this section.
PART AAAA
Sec. AAAA-1. Achieving efficiencies within the unified correctional system. The State Board of Corrections shall continue to achieve efficiencies and improved services through restructuring and strategic investments. Every county shall participate fully in the board's initiatives, which may include uniform standards, data collection, joint purchasing agreements, consolidation of contracts and services and changes in mission and purpose. Every county shall provide all information requested by the board according to timelines established by the board, including the full and timely reporting of expenditures and unexpended balances.
PART BBBB
Sec. BBBB-1. Commercial forestry excise tax special assessment; report on enforcement activities. In addition to the amount calculated for the commercial forestry excise tax under the Maine Revised Statutes, Title 36, section 2723-A, subsection 5-A for taxes due on May 1, 2011, the State Tax Assessor shall increase the amount to be collected from owners of commercial forest land in accordance with Title 36, section 2723-A, subsection 5-A on a one-time basis by $400,000. The special assessment imposed pursuant to this section may not be considered revenue for the purposes of Title 36, section 2723-A. The State Tax Assessor shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters and the joint standing committee of the Legislature having jurisdiction over taxation matters no later than February 15, 2011 on the amount of additional acreage added to the tax base for the 2011 tax year and additional collections from enforcement activities and their effect on offsetting the $400,000 increase and on reducing the per acre tax rate in 2011 and thereafter for landowners that made commercial forestry excise tax payments in the 2010 tax year.
PART CCCC
Sec. CCCC-1. Shared living model redesign stakeholder group. The Department of Health and Human Services shall convene a stakeholder group to participate in redesigning a shared living model of housing and services for adults with developmental disabilities, including the development of minimum standards for shared living, consideration of a reimbursement system based on the support needs of the individual served and a clear delineation of the responsibilities of the host family, the agencies providing oversight, state and community case managers and department staff.
Sec. CCCC-2. Shared living model responsibilities. The Department of Health and Human Services shall assume responsibility for direct support professional and medication administration training for shared living homes and respite providers beginning July 1, 2010. Agencies providing oversight shall maintain responsibility over the remaining aspects of the shared living homes.
Sec. CCCC-3. Shared living model reimbursement and rules. The Department of Health and Human Services shall reduce the reimbursement rate for the shared living program by 4.5% beginning July 1, 2010. The department is authorized to adopt rules effective October 1, 2010 to establish a reimbursement structure that produces an additional $500,000 in General Fund savings in fiscal year 2010-11. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2A.
Sec. CCCC-4. Shared living model redesign report requirement. The Department of Health and Human Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services on the progress of the stakeholder group in redesigning the shared living model under section 1 on July 1, 2010 and on September 1, 2010.
PART DDDD
Sec. DDDD-1. Nursing facility survey revisit rules. The Department of Health and Human Services shall amend rules governing the licensing and functioning of skilled nursing facilities to reduce the necessity for nursing facility survey revisits for minor deficiencies that result in no substandard quality of care or actual harm when a facility provides evidence that it has corrected the deficiencies and is in compliance.
PART EEEE
Sec. EEEE-1. Resolve 2009, c. 136, §4 is amended to read:
Sec. 4. Appointments; convening of task force. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve June 1, 2010. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. Within 15 days after appointment of all members, the chairs shall call and convene the first meeting of the task force, which must be no later than August 1, 2009 July 1, 2010; and be it further
Sec. EEEE-2. Resolve 2009, c. 136, §7 is amended to read:
Sec. 7. Report. Resolved: That, no later than December 2, 2009 November 3, 2010, the task force shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Second First Regular Session of the 124th 125th Legislature . The Joint Standing Committee on Health and Human Services is authorized to introduce a bill related to the subject matter of the report to the Second Regular Session upon receipt of the report; and be it further
Sec. EEEE-3. Resolve 2009, c. 136, §8 is amended to read:
Sec. 8. Funding. Resolved: That the operations of the task force are contingent upon receipt of outside funding to fund all costs of the task force. Private financial or in-kind contributions to support the work of the task force may not be accepted from any party having a pecuniary or other vested interest in the outcome of the study. Any person, other than a state agency, authorized and desiring to make a financial or in-kind contribution must certify to the Legislative Council that it has no pecuniary or other vested interest in the outcome of the study. All such contributions are subject to the approval of the Legislative Council. All accepted contributions must be forwarded to the Executive Director of the Legislative Council along with an accounting record that includes the amount of contributions, the date the contributions were received, from whom the contributions were received and the purpose of and any limitation on the use of those contributions. The Executive Director of the Legislative Council shall administer the contributions and shall notify the chairs of the task force when those contributions have been received. If funding has not been received within 30 days after the effective date of this resolve by June 1, 2010, then no meetings of the task force are authorized and no study-related expenses of any kind may be incurred or reimbursed; and be it further
Sec. EEEE-4. Appropriations and allocations. The following appropriations and allocations are made.
LEGISLATURE
Study Commissions - Funding 0444
Initiative: Adjusts allocations between fiscal years to reflect the delay in the start of the task force on kinship families.
| OTHER SPECIAL REVENUE FUNDS | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | $1,540 |
|
All Other
|
$0 | $2,950 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $4,490 |
Sec. EEEE-5. Retroactivity. This Part applies retroactively to June 17, 2009.
PART FFFF
Sec. FFFF-1. Study group to study gambling and liquor administrative oversight activities. The Commissioner of Administrative and Financial Services and the Commissioner of Public Safety shall convene a study group to evaluate the roles and responsibilities of their departments as they pertain to gambling and liquor-related oversight activities. The review must focus on opportunities for cost savings, regulatory efficiencies and enhanced coordination of efforts. The study group must involve various stakeholder groups, as appropriate.
The study group shall report the findings and recommendations resulting from its work to the joint standing committee of the Legislature having jurisdiction over legal and veterans affairs and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by January 15, 2011. The joint standing committee of the Legislature having jurisdiction over legal and veterans affairs may report out a bill to the First Regular Session of the 125th Legislature to implement recommendations of the study.
PART GGGG
Sec. GGGG-1. 5 MRSA §1582, sub-§4, as amended by PL 2009, c. 462, Pt. G, §1, is further amended to read:
PART HHHH
Sec. HHHH-1. 8 MRSA §1003, sub-§2, as amended by PL 2005, c. 663, §§4 and 5, is further amended to read:
(1) The practice of any fraud or deception upon a player of a slot machine or a licensee;
(2) The presence or location of a slot machine in or at premises that may be unsafe due to fire hazard or other public safety conditions;
(3) The infiltration of organized crime into the ownership, distribution or operation of slot machines and slot machine facilities; and
(4) The presence of disorderly persons in a location where slot machines are in use;
PART IIII
Sec. IIII-1. Deappropriation from savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in this Part that applies to each General Fund account in the Department of Health and Human Services and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2009-10 and fiscal year 2010-11.
Sec. IIII-2. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Departmentwide 0640
Initiative: Deappropriates funds from salary savings.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Personal Services
|
($3,000,000) | ($1,250,000) |
|
|
|
| GENERAL FUND TOTAL | ($3,000,000) | ($1,250,000) |
PART JJJJ
Sec. JJJJ-1. Executive Department, State Planning Office. By November 30, 2010, the Commissioner of Administrative and Financial Services, the Director of the State Planning Office within the Executive Department and a policy advisor in the Governor's office selected by the Governor shall report to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and state and local government matters a plan, including any necessary implementing legislation, to reorganize certain functions of the State Planning Office to:
1. Enhance the policy development and interagency functions currently conducted by the State Planning Office;
2. Ensure coordination of community assistance and economic development;
3. Locate waste management responsibilities to coordinate environmental, economic and energy matters involving solid waste disposal, including oversight of any state-owned landfill;
4. Include any other functions recommended by the Commissioner of Administrative and Financial Services, the Director of the State Planning Office and the policy advisor in the Governor's office that reduce administrative cost and enhance efficiency; and
5. Achieve General Fund savings of $225,000 during fiscal year 2010-11.
Sec. JJJJ-2. Distribution of savings. Notwithstanding any other provision of law, the State Budget Officer shall distribute the savings identified in section 3 to the appropriate accounts and line categories by financial order upon approval of the Governor. These adjustments are considered an adjustment to appropriations in fiscal year 2010-11.
Sec. JJJJ-3. Appropriations and allocations. The following appropriations and allocations are made.
EXECUTIVE DEPARTMENT
Planning Office 0082
Initiative: Deappropriates savings to be established pursuant to this Part.
| GENERAL FUND | 2009-10 | 2010-11 |
|
Unallocated
|
$0 | ($225,000) |
|
|
|
| GENERAL FUND TOTAL | $0 | ($225,000) |
PART KKKK
Sec. KKKK-1. Transfer from unappropriated surplus; Medical Care Services; targeted case management federal disallowance. Notwithstanding any other provision of law, the State Controller shall transfer $29,736,437 by June 30, 2010 from the unappropriated surplus of the General Fund to the Medical Care Services Federal Expenditures Fund program within the Department of Health and Human Services for the federal disallowance related to targeted case management services provided in 2002 and 2003.
PART LLLL
Sec. LLLL-1. State Liquor and Lottery Commission directed to implement Mega Millions lottery game. Notwithstanding any other provision of law to the contrary, the Department of Administrative and Financial Services, State Liquor and Lottery Commission shall enter into an agreement to offer the multijurisdictional lottery game known as Mega Millions by May 2, 2010. The State Liquor and Lottery Commission shall adopt routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A to implement the lottery game.
PART MMMM
Sec. MMMM-1. 4 MRSA §1201, sub-§9, as amended by PL 2009, c. 254, §1 and affected by §4, is further amended to read:
Sec. MMMM-2. Suspension of cost-of-living adjustment for judges. Notwithstanding the Maine Revised Statutes, Title 4, section 4, subsection 2-A, a cost-of-living adjustment for the State's chief justices, chief judge, deputy chief judge, associate justices and associate judges may not be made on July 1, 2010.
Sec. MMMM-3. Application. That section of this Part that amends the Maine Revised Statutes, Title 4, section 1201, subsection 9 applies to judges who retire on or after the effective date of this Part.
PART NNNN
Sec. NNNN-1. Install fee collection containers at unstaffed state parks and historic sites. The Commissioner of Conservation shall install fee collection containers at certain unstaffed state parks and historic sites and, pursuant to the Maine Revised Statutes, Title 12, section 1819, shall establish, in a manner determined most appropriate by the commissioner, fees so as to generate additional undedicated revenue to the General Fund of $2,000 in fiscal year 2009-10 and $19,500 annually beginning in fiscal year 2010-11.
PART OOOO
Sec. OOOO-1. Curtailment to offset failure of federal enactment of enhanced Medicaid matching. If the extension of the enhanced federal Medicaid matching provisions under the American Recovery and Reinvestment Act of 2009 are not enacted by the United States Congress and signed into law by July 1, 2010, the Governor shall begin to implement the authority to curtail allotments pursuant to the Maine Revised Statutes, Title 5, section 1668 to take effect no later than October 1, 2010 in order to distribute the unrealized Department of Health and Human Services savings statewide. The State Budget Officer is authorized to adjust allotments in the General Fund, Fund for a Healthy Maine and Federal Expenditures Fund ARRA accounts within the Department of Health and Human Services to increase state Medicaid seed dollars in the affected Department of Health and Human Services accounts and offset the loss of the General Fund and Fund for a Healthy Maine savings from the failure of the United States Congress to enact the extension of the enhanced Medicaid matching provisions. The total General Fund budgeted savings of $85,050,455 not realized must be offset through the curtailment of General Fund allotments statewide.
PART PPPP
Sec. PPPP-1. Mental health and substance abuse outpatient services working group. The Department of Health and Human Services shall convene a working group of stakeholders to conduct a study and make recommendations regarding the delivery of mental health and substance abuse outpatient services. The study must evaluate the relative costs associated with the delivery of these services in the hospital outpatient setting and through community mental health and substance abuse agencies. The department shall gather data on the payer-mix for these services in both settings, including the number of uninsured individuals. The study must identify the differences between each setting concerning regulatory, licensing and accreditation requirements. The department shall develop research on the types of services provided, programmatic scope in each setting and availability of these services across all payers in each setting.
The study must also include the following:
1. A description of outpatient mental health and substance abuse services that are reimbursable under MaineCare rules;
2. A description of outpatient mental health and substance abuse services provided by hospitals specifically identifying how they differ from the services provided by nonhospital providers as described in departmental rule;
3. A description of current payment systems and rates, including but not limited to claims data for hospital and nonhospital providers of outpatient mental health and substance abuse services;
4. A description of how payment systems and rates for outpatient mental health and substance abuse services provided by hospitals will change if the hospitals are reimbursed via ambulatory payment classifications rather than as state plan services;
5. A description of outcomes and quality of the services delivered in hospital versus nonhospital settings; and
6. A description of administrative costs incurred by hospital and nonhospital providers of outpatient mental health and substance abuse services.
The working group shall provide a report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters no later than January 15, 2011, including the data and analysis requested and its findings and recommendations regarding preserving access to mental health and substance abuse outpatient services and the relative effect of services provided in settings described in this section on MaineCare spending. The study must include any information regarding the effect on the payment for these services if the department implements managed care for the MaineCare program.
PART QQQQ
Sec. QQQQ-1. MaineCare managed care stakeholder advisory group. The Department of Health and Human Services shall convene a stakeholder advisory group composed of MaineCare members, provider representatives, advocacy groups and Department of Health and Human Services clinical program directors to provide guidance to the department regarding the transition to managed care for the MaineCare program. The department shall invite the Maine Medical Association, the Maine Osteopathic Association, the Maine Hospital Association, the Maine Primary Care Association, the Maine Dental Association and the Maine Association of Mental Health Services and any other entities it considers necessary to participate in the stakeholder advisory group. The department shall, at a minimum, convene quarterly meetings of the stakeholder advisory group, with the first meeting occurring no later than July 1, 2010. The department shall provide quarterly reports to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the department’s efforts to implement managed care for the MaineCare program, with the first report occurring no later than October 1, 2010.
PART RRRR
Sec. RRRR-1. MaineCare rate adjustments. The Department of Health and Human Services shall use funds provided in this Part to adjust MaineCare rates, where necessary and applicable, to actuarially based rates. Only those rates for services that would otherwise be subject to a 10% rate reduction in Part A may be considered for the adjustment under this Part. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of the funding adjustments identified in section 2 of this Part that applies to any other MaineCare General Fund account in the Department of Health and Human Services and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2010-11.
Sec. RRRR-2. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Medical Care - Payments to Providers 0147
Initiative: Provides funds to adjust and restore MaineCare rates for services subject to the 10% reduction, where necessary and applicable, to actuarially based rates.
| GENERAL FUND | 2009-10 | 2010-11 |
|
All Other
|
$0 | $1,386,923 |
|
|
|
| GENERAL FUND TOTAL | $0 | $1,386,923 |
| FEDERAL EXPENDITURES FUND | 2009-10 | 2010-11 |
|
All Other
|
$0 | $2,990,855 |
|
|
|
| FEDERAL EXPENDITURES FUND TOTAL | $0 | $2,990,855 |
| FEDERAL EXPENDITURES FUND ARRA | 2009-10 | 2010-11 |
|
All Other
|
$0 | $234,536 |
|
|
|
| FEDERAL EXPENDITURES FUND ARRA TOTAL | $0 | $234,536 |
PART SSSS
Sec. SSSS-1. Department of Health and Human Services to establish rate structure with 2 levels of crisis services. The Department of Health and Human Services shall establish a rate structure that supports 2 levels of crisis services. The department shall establish a higher rate for a comprehensive, high-quality integrated crisis service system for children and adults that simplifies intake for clients, provides for consumer participation and a single telephone hotline with triage to a "warm line" and supports community-based services as a preferred setting. The department shall establish a lower rate for crisis services that do not meet the higher level of service. The department shall adopt rules, which are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2A, that describe 2 service levels.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’