Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, 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,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. .
PART B
Sec. .
PART C
Sec. C-1. 20-A MRSA §15671, sub-§7, ¶A, as amended by PL 2009, c. 571, Pt. E, §17, is further amended to read:
A.
The base total calculated pursuant to section 15683, subsection 2 is subject to the following annual targets.
(1) For fiscal year 2005-06, the target is 84%.
(2) For fiscal year 2006-07, the target is 90%.
(3) For fiscal year 2007-08, the target is 95%.
(4) For fiscal year 2008-09, the target is 97%.
(5) For fiscal year 2009-10, the target is 97%.
(6) For fiscal year 2010-11, the target is 97%.
(7) For fiscal year 2011-12 and succeeding years, the target is 100% 97%.
(8) For fiscal year 2012-13 and succeeding years, the target is 100%.
Sec. C-2. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2011, c. 1, Pt. C, §1, is further amended to read:
B.
The annual targets for the state share percentage of the statewide adjusted total cost of the components of essential programs and services are as follows.
(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 45.84%.
(7) For fiscal year 2011-12 and succeeding years, the target is 55% 46.18%.
Sec. C-3. 20-A MRSA §15671, sub-§7, ¶C is enacted to read:
C.
Beginning in fiscal year 2011-12, the annual targets for the state share percentage of the total cost of funding public education from kindergarten to grade 12 including the cost of the components of essential programs and services plus the state contributions to teacher retirement, retired teachers' health insurance and retired teachers' life insurance are as follows.
(1) For fiscal year 2011-12, the target is 49.60%.
(2) For fiscal year 2012-13, the target is 52.50%.
(3) For fiscal year 2013-14 and succeeding years, the target is 55%.
Sec. C-4. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2011, c. 1, Pt. C, §2, is further amended to read:
B.
For property tax years beginning on or after April 1, 2005, the commissioner shall calculate the full-value education mill rate that is required to raise the statewide total local share. The full-value education mill rate is calculated for each fiscal year by dividing the applicable statewide total local share by the applicable statewide valuation. The full-value education mill rate must decline over the period from fiscal year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-06 and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill rate must be applied according to section 15688, subsection 3-A, paragraph A to determine a municipality's local cost share expectation. Full-value education mill rates must be derived according to the following schedule.
(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% 46.49% 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% 47.48% 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 51.07% statewide total local share in fiscal year 2009-10.
(4-B) For the 2010 property tax year, the full-value education mill rate is the amount necessary to result in a 54.16% statewide total local share in fiscal year 2010-11.
(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% 53.82% statewide total local share in fiscal year 2011-12 and after.
(5) For the 2012 property tax year, the full-value education mill rate is the amount necessary to result in a 47.74% statewide total local share in fiscal year 2012-13.
(6) For the 2013 property tax year, the full-value education mill rate is the amount necessary to result in a 47.50% statewide total local share in fiscal year 2013-14.
(7) For the 2014 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45% statewide total local share in fiscal year 2014-15 and after.
Sec. C-5. 20-A MRSA §15689, sub-§1-A, as amended by PL 2007, c. 240, Pt. D, §3, is repealed.
Sec. C-6. 20-A MRSA §15689-A, sub-§20 is enacted to read:
Sec. C-7. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2011-12 is 7.50.
Sec. C-8. 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 2011-12 is as follows:
|
|
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2011-12 |
|
|
|
TOTAL |
Total Operating Allocation |
|
|
|
|
|
|
|
Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage |
|
$1,390,771,314 |
|
|
|
|
|
Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage |
|
$1,349,048,174 |
|
|
|
|
|
Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A |
|
$413,851,257 |
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|
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
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 |
|
$1,762,899,431 |
|
|
|
|
Total Debt Service Allocation |
|
|
|
|
|
|
|
Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A |
|
$104,575,834 |
|
|
|
|
Total Adjustments and Miscellaneous Costs |
|
|
|
|
|
|
|
Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A |
|
$69,591,704 |
|
|
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
Total Cost of Funding Public Education from Kindergarten to Grade 12 |
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|
|
|
|
|
|
Total cost of funding public education from kindergarten to grade 12 for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B |
|
$1,937,066,969 |
|
|
|
|
|
Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423 |
|
$172,592,848 |
|
|
|
|
|
Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2 |
|
$41,723,140 |
|
|
|
|
|
Total cost of funding public education from kindergarten to grade 12 |
|
$2,151,382,957 |
Sec. C-9. 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, 2011 and ending June 30, 2012 is calculated as follows:
|
|
2011-12 |
2011-12 |
|
|
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 |
$1,042,466,969 |
$894,600,000 |
|
|
|
|
|
State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423 |
|
$172,592,848 |
|
|
|
|
|
State contribution to the total cost of funding public education from kindergarten to grade 12 |
|
$1,067,192,848 |
Sec. C-10. Limit of State's obligation. If the State's continued obligation for any individual component contained in those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose 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. C-11. Authorization of payments. Those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose 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, 2011 and ending June 30, 2012.
PART D
Sec. D-1. Voluntary employee incentive programs. Notwithstanding the Maine Revised Statutes, Title 5, section 903, subsections 1 and 2, the Commissioner of Administrative and Financial Services shall offer for use prior to July 1, 2013 special voluntary employee incentive programs for state employees, including a 50% workweek option, flexible position staffing and time off without pay. Employee participation in a voluntary employee incentive program is subject to the approval of the employee's appointing authority.
Sec. D-2. Continuation of health insurance. Notwithstanding the Maine Revised Statutes, Title 5, section 285, subsection 7 and Title 5, section 903, the State shall continue to pay health and dental insurance benefits for a state employee who applies prior to July 1, 2013 to participate in a voluntary employee incentive program under section 1 based upon the scheduled workweek in effect prior to the employee's participation in the voluntary employee incentive program.
Sec. D-3. Continuation of group life insurance. Notwithstanding the Maine Revised Statutes, Title 5, sections 903 and 18056 and the rules of the Maine Public Employees Retirement System, the life, accidental death and dismemberment, supplemental and dependent insurance amounts for a state employee who applies prior to July 1, 2013 to participate in a voluntary employee incentive program under section 1 are based upon the scheduled hours of the employee prior to the employee's participation in the voluntary employee incentive program.
Sec. D-4. General Fund savings. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, the State Budget Officer shall transfer the General Fund savings resulting from the voluntary employee incentive programs under section 1 to the General Fund Compensation and Benefit Plan account in the Department of Administrative and Financial Services. The State Budget Officer shall submit to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs a report of the transferred amounts no later than January 15, 2013 for fiscal year 2011-12 and no later than January 15, 2014 for fiscal year 2012-13.
Sec. D-5. Lapsed balances. Notwithstanding any other provision of law, $350,000 in fiscal year 2011-12 and $350,000 in fiscal year 2012-13 of savings identified from the voluntary employee incentive programs in this Part lapse to the General Fund.
PART E
Sec. E-1. Merit increases. Notwithstanding the Maine Revised Statutes, Title 26, section 979-D or 1285 or any other provision of law, any merit increase, regardless of funding source, scheduled to be awarded or paid between July 1, 2011 and June 30, 2013 to any person employed by the departments and agencies within the executive branch, including the constitutional officers and the Department of Audit, the legislative branch and the judicial branch 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. E-2. Longevity payments. Notwithstanding the Maine Revised Statutes, Title 26, section 979-D or 1285 or any other provision of law, any longevity payment, regardless of funding source, scheduled to be awarded or paid between July 1, 2011 and June 30, 2013 to any person not eligible for a longevity payment on June 30, 2011 and employed by the departments and agencies within the executive branch, including the constitutional officers and the Department of Audit, the legislative branch and the judicial branch may not be awarded, authorized or implemented. Employees eligible for a longevity payment on June 30, 2011 remain eligible for a longevity payment at the rate in effect on June 30, 2011 for the period between July 1, 2011 and June 30, 2013. These savings may be replaced by other Personal Services savings by agreement of the State and the bargaining agents representing state employees.
Sec. E-3. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in this Part that applies against each General Fund account for all departments and agencies from savings associated with eliminating merit pay increases and longevity payments and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2011-12 and fiscal year 2012-13. The State Budget Officer shall provide a report of the transferred amounts to the Joint Standing Committee on Appropriations and Financial Affairs no later than October 1, 2012.
Sec. E-4. 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: Deappropriates funds from eliminating longevity payments for individuals not eligible on June 30, 2011 and maintains the longevity payment level for those eligible on June 30, 2011 to the rate in effect on June 30, 2011 during the 2012-2013 biennium.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($67,904) |
($135,808) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($67,904) |
($135,808) |
Executive Branch Departments and Independent Agencies - Statewide 0017
Initiative: Reduces funding to reflect projected savings from eliminating merit increases for fiscal years 2011-12 and 2012-13.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($3,101,710) |
($6,333,361) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($3,101,710) |
($6,333,361) |
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF |
|
|
DEPARTMENT TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
($3,169,614) |
($6,469,169) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
DEPARTMENT TOTAL - ALL FUNDS |
($3,169,614) |
($6,469,169) |
PART F
Sec. F-1. Attrition savings. The attrition rate for the 2012-2013 biennium is increased from 1.6% to 5.0% for judicial branch and executive branch departments and agencies only.
PART G
Sec. G-1. 23 MRSA §4210-B, sub-§7, as enacted by PL 2007, c. 677, §1, is repealed.
Sec. G-2. 23 MRSA §4210-B, sub-§7-A is enacted to read:
Sec. G-3. Effective date. This Part takes effect June 30, 2012.
PART H
Sec. H-1. Department of Administrative and Financial Services; lease-purchase authorization. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services, in cooperation with the Treasurer of State, may enter into financing arrangements in fiscal years 2011-12 and 2012-13 for the acquisition of motor vehicles for the Central Fleet Management Division. The financing agreements entered into in each fiscal year may not exceed $6,000,000 in principal costs, and a financing arrangement may not exceed 4 years in duration. The interest rate may not exceed 6%. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Fleet Management Division account.
PART I
Sec. I-1. 30-A MRSA §5681, sub-§5-C, as amended by PL 2011, c. 1, Pt. N, §1, is further amended to read:
PART J
Sec. J-1. 36 MRSA §111, sub-§2, as amended by PL 2001, c. 396, §1, is repealed and the following enacted in its place:
Sec. J-2. 36 MRSA §141, sub-§1, as amended by PL 2009, c. 496, §3, is further amended to read:
Sec. J-3. 36 MRSA §141, sub-§2, as amended by PL 2011, c. 1, Pt. BB, §1 and affected by §3, is further amended to read:
Sec. J-4. 36 MRSA §145, as enacted by PL 2007, c. 627, §5, is amended to read:
If the State Tax Assessor determines that the collection of any tax will be jeopardized by delay, the assessor, upon giving notice of this determination to the person liable for the tax by personal service or certified mail, may demand an immediate return with respect to any period or immediate payment of any tax declared to be in jeopardy, or both, and may terminate the current reporting period and demand an immediate return and payment with respect to that period. Notwithstanding any other provision of law, taxes declared to be in jeopardy are payable immediately, and the assessor may proceed immediately to collect those taxes by any collection method authorized by this Title. The person liable for the tax may stay collection by requesting reconsideration of the declaration of jeopardy in accordance with section 151 and depositing with the assessor , within the time period specified in section 151, 30 days from receipt of notice of the determination of jeopardy a bond or other security in the amount of the liability with respect to which the stay of collection is sought. A determination of jeopardy by the assessor is presumed to be correct, and the burden of showing otherwise is on the taxpayer.
Sec. J-5. 36 MRSA §151, first ¶, as amended by PL 2001, c. 583, §1, is further amended to read:
Any A person who is subject to an assessment by the State Tax Assessor or entitled by law to receive notice of a determination of the assessor and who is aggrieved as a result of by that action may request in writing, within 30 60 days after receipt of notice of the assessment or the determination, reconsideration by the assessor of the assessment or the determination. If a person who receives notice of an assessment and does not file a request for reconsideration of the assessment in writing within the specified time period 60 days, the assessor may not reconsider the assessment pursuant to this section and no review is available in Superior Court regardless of whether the taxpayer person subsequently makes payment and requests a refund.
Sec. J-6. 36 MRSA §171, as amended by PL 2001, c. 583, §3, is further amended to read:
Sec. J-7. 36 MRSA §172, first ¶, as enacted by PL 1981, c. 364, §11, is amended to read:
If any tax liability imposed under this Title that has become final, other than property tax, assessed and deemed final a liability for a tax imposed under this Title Part 2, remains unpaid in an amount exceeding $1,000 for a period greater than 60 days after the taxpayer has received notice of such that finality by personal service or certified mail, and the taxpayer refuses fails to cooperate with the bureau in establishing and remaining in compliance with a reasonable plan for liquidating that liability, the State Tax Assessor shall certify the liability and lack of cooperation:
Sec. J-8. 36 MRSA §175, sub-§2, as amended by PL 2009, c. 496, §4, is further amended to read:
Sec. J-9. 36 MRSA §176-A, sub-§1, ¶B-1 is enacted to read:
B-1. "Notice" means written notification served personally or sent by certified mail, except with respect to notice to a person who has consented in writing to some other means of notification.
Sec. J-10. 36 MRSA §176-A, sub-§1, ¶D, as enacted by PL 1989, c. 880, Pt. E, §3, is repealed.
Sec. J-11. 36 MRSA §176-A, sub-§2, ¶E, as amended by PL 2001, c. 583, §5, is further amended to read:
E. The effect of a levy on salary or wages payable to or received by a taxpayer is continuous from the date the levy is first made until the liability giving rise to the levy is satisfied. Except as otherwise provided by this paragraph, a levy on any other intangible personal property or rights to intangible personal property remains in effect until one year after the date that notice of levy and demand under subsection 3, paragraph A is served on received by the person in possession of or liable to the taxpayer with respect to intangible personal property, including property that is first possessed or liabilities that arise after the date of service receipt of the notice of levy and demand. In the case of a levy upon property held by a financial institution described in subsection 3, paragraph A, the levy extends only extends to accounts in existence on the date the notice of levy and demand is served on received by the financial institution, but includes deposits made or collected in those accounts after the notice of levy is served received. A levy on intangible personal property or rights to intangible personal property, ownership of which is disputed at on the time date that notice the levy is served received, remains in effect until one year after the dispute is resolved by competent authority.
Sec. J-12. 36 MRSA §176-A, sub-§3, as amended by PL 2005, c. 218, §6, is further amended to read:
Sec. J-13. 36 MRSA §176-A, sub-§5, ¶D, as enacted by PL 1989, c. 880, Pt. E, §3, is amended to read:
D. A levy upon salary and wages must specify the amount of percentage to be surrendered and delivered to the assessor by the taxpayer's employer for each pay period, consistent with the provisions of this paragraph. Salaries and wages are exempt from levy to the extent of 75% of the taxpayer's disposable earnings for any pay period, or an amount equal to the federal minimum hourly wage multiplied by 30, multiplied by the number of weeks in the pay period, whichever is less. A levy on salaries and wages is continuous from the date on which the notice of levy is served received until the delinquency is discharged and applies to all pay periods commencing after the that date on which the notice of levy is served. The assessor shall notify the taxpayer's employer immediately as soon as practicable upon discharge of the delinquency that the levy has been discontinued.
Sec. J-14. 36 MRSA §176-A, sub-§6, ¶A, as amended by PL 1999, c. 699, Pt. D, §27 and affected by §30, is further amended to read:
A.
As soon as practicable after seizure of property, the assessor shall give notice in writing to the owner of the property, or, in the case of personal property, the possessor of the property, or leave notice at the owner's or possessor's usual place of abode or business, if any, within the State. If the owner or possessor cannot be readily located, or has no dwelling or place of business within the State, the notice may be mailed to that person's last known address sent by first-class mail. In the case of real property, the notice must be filed in the registry of deeds in the county where the property is located. The notice must specify the sum demanded and contain:
(1) In the case of personal property, an account of the property seized; and
(2) In the case of real property, a description with reasonable certainty of the property seized.
In the case of levy on a motor vehicle that is the subject of a Certificate of Title issued by the Secretary of State, a copy of the notice must be filed with the Secretary of State, who shall note the levy in the records of ownership of the motor vehicle in question. In the case of levy on that type of personal property, a security interest in which may be perfected by filing in the office of the Secretary of State, a copy of the notice must be filed in the office of the Secretary of State, who shall file the notice of levy as a financing statement.
Sec. J-15. 36 MRSA §176-A, sub-§6, ¶B, as amended by PL 2009, c. 434, §10, is further amended to read:
B. The assessor, as soon as practicable after the seizure of property, shall cause a notice to be published in a newspaper of general circulation within the county where the seizure is made, or, if there is no such newspaper, post the notice at the city or town hall nearest the place where the seizure is made and in at least 2 other public places. In the case of real property, the notice must be served on sent by certified mail to all persons holding an interest of record, including, without limitation, recorded leases and security interest of all types, in the property as reflected at the time the notice of levy is recorded by the indices of the registry of deeds in the county where the property is located. In the case of personal property that is a motor vehicle subject to a certificate of title issued by the Secretary of State, notice must be served on sent by certified mail to all persons holding a security interest of record in the motor vehicle as set forth in the records of the Secretary of State. In the case of personal property that may be is the subject of a security interest perfected by filing in the office of the Secretary of State, notice must be served upon sent by certified mail to all secured parties claiming an interest in the property seized as reflected at the time the notice of levy is recorded in the records maintained by the Secretary of State pursuant to Title 11. The notice must specify the property to be sold, subject to the liabilities of prior encumbrances, if any, and the time, place, manner and conditions of the sale. If levy is made without regard to the 10-day period provided in section 171, public notice of sale of the property seized may not be made within the 10-day period unless subsection 7 applies. It is a Class E crime to intentionally remove or deface the posted notice of sale prior to the scheduled sale date, unless the property has been redeemed or the sale is for some other reason canceled. The assessor or any law enforcement officer may enter onto the land if necessary to carry out the purposes of this section.
Sec. J-16. 36 MRSA §176-A, sub-§15, ¶A, as enacted by PL 1989, c. 880, Pt. E, §3, is amended to read:
A. Who claims an interest in property that has wrongfully been levied upon may apply to the assessor for a stay of proceedings under this section at any time before the property has been sold but within 5 days after receiving actual notice of the levy. Any An action for a stay is governed by Title 5, section 11004; or
PART K
Sec. K-1. 36 MRSA §187-B, sub-§1, as amended by PL 2007, c. 627, §6, is further amended to read:
Sec. K-2. Application. This Part takes effect October 1, 2011 and applies to penalties accruing under this section on or after October 1, 2011.
PART L
Sec. L-1. 36 MRSA §187-B, sub-§7, as amended by PL 2007, c. 437, §5, is further amended to read:
PART M
Sec. M-1. 36 MRSA §135, sub-§1, as amended by PL 2007, c. 438, §7, is further amended to read:
Sec. M-2. 36 MRSA §144, sub-§2, ¶A, as amended by PL 2011, c. 211, §18, is further amended to read:
A. Subsection 1 does not apply in the case of premiums imposed pursuant to Title 10, section 1020, subsection 6-A, sales and use taxes imposed by Part 3, estate taxes imposed by chapter 575 or 577, income taxes imposed by Part 8 and any other tax imposed by this Title for which a specific statutory refund provision exists.
Sec. M-3. 36 MRSA §4061, as enacted by PL 1981, c. 451, §7, is amended to read:
This chapter applies to the estates of persons who die after June 30, 1986 and before January 1, 2013.
Sec. M-4. 36 MRSA §4062, sub-§1-A, ¶A, as amended by PL 2009, c. 213, Pt. E, §1 and affected by §6, is further amended to read:
A. For the estates of decedents dying after December 31, 2002, "federal credit" means the maximum credit against the tax on the federal taxable estate for state death taxes determined under the Code, Section 2011 as of December 31, 2002 exclusive of the reduction of the maximum credit contained in the Code, Section 2011(b)(2); the period of limitations under the Code, Section 2011(c); and the termination provision contained in the Code, Section 2011(f). The state death tax deduction contained in the Code, Section 2058 must be disregarded. The unified credit must be determined under the Code, Section 2010 as of December 31, 2000. The termination provision contained in the Code, Section 2210 must be disregarded. Notwithstanding any other provision of this Title to the contrary, the tax determined by this chapter for estates of decedents dying after December 31, 2009 must be determined in accordance with the law applicable to decedents dying during calendar year 2009 , except that for purposes of calculation of the amount of property that may be treated as Maine qualified terminable interest property under subsection 2-B, paragraph C, the applicable exclusion amount must be determined in accordance with the law applicable as of the decedent's actual date of death; and
Sec. M-5. 36 MRSA §4062, sub-§3, as enacted by PL 1981, c. 451, §7, is amended to read:
Sec. M-6. 36 MRSA §4062, sub-§6, as enacted by PL 1981, c. 451, §7, is amended to read:
Sec. M-7. 36 MRSA §4064, as amended by PL 2007, c. 466, Pt. A, §62 and affected by §63, is further amended to read:
A tax is imposed upon the transfer of real property and tangible personal property situated in this State and held by an individual who dies prior to January 1, 2002 or after December 31, 2002 and who at the time of death was not a resident of this State. When real or tangible personal property has been transferred into a trust or a limited liability company or other pass-through entity, the tax imposed by this section applies as if the trust or limited liability company or other pass-through entity did not exist and the property was personally owned by the decedent. Maine property is subject to the tax imposed by this section to the extent that such property is either included in the decedent's federal gross estate or is Maine elective property. The amount of this tax is equal to that proportion of the federal credit that the value of the decedent's Maine real and tangible personal property in this State bears to the value of the decedent's federal gross estate. The share of the federal credit used to determine the amount of a nonresident individual's estate tax under this section is computed without regard to whether the specific real or tangible personal property located in the State is marital deduction property.
Proceeds from the sale of property are taxable under this section if those proceeds are included in the federal gross estate and the sale was made in contemplation of death. A sale of property made within 6 months prior to the death of the grantor is deemed to be in contemplation of death within the meaning of this section.
When real or tangible personal property is owned by a pass-through entity, the entity must be disregarded and the property must be treated as personally owned by the decedent if the entity does not actively carry on a business for the purpose of profit and gain; the ownership of the property in the entity was not for a valid business purpose; or the property was acquired by other than a bona fide sale for full and adequate consideration and the decedent retained a power with respect to or interest in the property that would bring the real or tangible personal property located in this State within the decedent's federal gross estate.
Sec. M-8. 36 MRSA §4068, sub-§2, ¶B, as enacted by PL 2005, c. 218, §43, is amended to read:
B. The federal gross estate, increased by the amount of adjusted taxable gifts made by the decedent after December 31, 1976 and by the aggregate amount of any specific gift tax exemption under former Code, Section 2521 used by the decedent after September 8, 1976 exceed and by Maine elective property, exceeds the exclusion and related unified credit amounts specified in section 4062, subsection 1-A.
Sec. M-9. 36 MRSA c. 577 is enacted to read:
CHAPTER 577
MAINE ESTATE TAX AFTER 2012
This chapter applies to the estates of persons who die after December 31, 2012.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A tax is imposed on the Maine taxable estate of every person who, at the time of death, was a nonresident. The amount of tax equals the tax computed under section 4103, as if the nonresident were a resident, multiplied by the ratio of the value of that portion of the decedent's adjusted federal gross estate that consists of real and tangible personal property located in this State to the value of the decedent's adjusted federal gross estate.
When real or tangible personal property is owned by a pass-through entity, the entity must be disregarded and the property must be treated as personally owned by the decedent if the entity does not actively carry on a business for the purpose of profit and gain; the ownership of the property in the entity was not for a valid business purpose; or the property was acquired by other than a bona fide sale for full and adequate consideration and the decedent retained a power with respect to or interest in the property that would bring the real or tangible personal property located in this State within the decedent's adjusted federal gross estate.
If the personal representative makes a written application, accompanied by a copy of the final determination of the federal estate tax liability, if any, and other supporting documentation that the assessor may require, to the assessor for determination of the amount of the tax and discharge of personal liability for that tax, the assessor, as soon as possible and in any event within one year after the making of the application or, if the application is made before the return is filed, within one year after the return is filed, shall notify the personal representative of the amount of the tax and of any interest on that amount. The personal representative, on payment of that amount, is discharged from personal liability for any deficiency in tax subsequently found to be due and is entitled to a certificate of discharge.
The assessor may extend the time for payment of the tax or any part of the tax for a reasonable period of time not to exceed one year from the date fixed for payment and may grant successive extensions. The aggregate of extensions with respect to any estate may not exceed 10 years, unless a longer period is called for by a payment arrangement elected pursuant to section 4109. If an extension is granted, the assessor may require the taxpayer to:
All property subject to taxes under this chapter, in whatever form of investment it may happen to be, is charged with a lien for all taxes, interest and penalties that are or may become due on that property. The lien does not attach to any real or personal property after the property has been sold or disposed of for value by the personal representative, trustee or surviving joint tenant. Upon payment of those taxes, interest and penalties due under this chapter or upon determination that no tax is due, the assessor shall upon request execute a discharge of the tax lien for recording in the appropriate registry or registries of deeds.
The assessor shall collect all taxes, interest and penalties provided by chapter 7 and by this chapter and may institute proceedings of any nature necessary or desirable for that purpose, including proceedings for the removal of personal representatives and trustees who have failed to pay the taxes due from estates in their hands.
The assessor may enforce the collection of any taxes secured by bond in a civil action brought on the bond regardless of the fact that some other official may be named as obligee in the bond.
The assessor shall determine the amount of tax due and payable under this chapter upon any estate or part of that estate. If, after determination and certification of the full amount of the tax upon an estate or any interest in or part of an estate, the estate receives or becomes entitled to property in addition to that shown in the estate tax return filed with the assessor or the United States Internal Revenue Service changes any item increasing the estate's liability shown in the Maine estate tax return filed with the assessor, the personal representative shall within 180 days of any receipt, entitlement or change file an amended Maine estate tax return. The assessor shall determine the amount of additional tax and shall certify the amount due, including interest and penalties, to the person by whom the tax is payable.
If, upon the death of a person leaving an estate that may be liable to pay tax under this chapter, a will is not offered for probate or an application for administration is not made within 6 months after the date of death or if the personal representative does not qualify within that period, the Probate Court, upon application by the assessor, may appoint a personal representative. Nothing may prevent the assessor from petitioning for appointment within 6 months after the date of death, if in the opinion of the assessor that action is necessary.
Personal representatives, trustees, grantees or donees under nonexempt conveyances or nonexempt gifts made during the life of the grantor or donor and persons to whom beneficial interests accrue by survivorship are liable for the taxes imposed by this chapter with interest, as provided, until the taxes are paid. For purposes of this section, "nonexempt conveyances" and "nonexempt gifts" mean any transfer to a person that is includable in the federal gross estate of the decedent and with respect to which no deduction is allowed in computing the federal estate tax liability.
If the tax or any part of the tax is paid or collected out of that part of the estate passing to or in possession of any person other than the personal representative in that capacity, that person is entitled to a reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the person whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest in the estate is subject to an equal or prior liability for the payment of tax, debts or other charges against the estate.
Personal representatives are liable to the State on their administration bonds for all taxes assessable under this chapter and interest on those taxes. If no administration bond is otherwise required and except as otherwise provided in this section, the judge of probate, notwithstanding any provision of Title 18-A, shall require a bond payable to the judge or the judge's successor sufficient to secure the payment of all estate taxes and interest conditioned in substance to pay all estate taxes due to the State from the estate of the deceased with interest thereon. A bond to secure the payment of estate taxes is not required when the judge of probate finds that any estate tax due and to become due the State is reasonably secured by the lien upon real estate as provided in this chapter or by any other adequate security. An action for the recovery of estate taxes and interest lies on either of the bonds.
Sec. M-10. Application. Those sections of this Act that amend the Maine Revised Statutes, Title 36, section 4061; section 4062, subsection 1-A, paragraph A; section 4062, subsections 3 and 6; section 4064; and section 4068, subsection 2, paragraph B apply to estates of decedents dying on or after January 1, 2011 but before January 1, 2013.
PART N
Sec. N-1. 36 MRSA §5111, sub-§1-B, as enacted by PL 1999, c. 731, Pt. T, §3, is amended to read:
Sec. N-2. 36 MRSA §5111, sub-§1-C is enacted to read:
Sec. N-3. 36 MRSA §5111, sub-§2-B, as enacted by PL 1999, c. 731, Pt. T, §5, is amended to read:
Sec. N-4. 36 MRSA §5111, sub-§2-C is enacted to read:
Sec. N-5. 36 MRSA §5111, sub-§3-B, as enacted by PL 1999, c. 731, Pt. T, §7, is amended to read:
Sec. N-6. 36 MRSA §5111, sub-§3-C is enacted to read:
Sec. N-7. 36 MRSA §5124-A, first ¶, as amended by PL 2009, c. 213, Pt. BBBB, §9 and affected by §17, is further amended to read:
The standard deduction of a resident individual is equal to the standard deduction as determined in accordance with the Code, Section 63 , exclusive of the Code, Section 63(c)(1)(C) and Section 63(c)(1)(E), except that for tax years beginning after 2002, the Code, Section 63(c)(2) must be applied as if the basic standard deduction is $5,000 in the case of a joint return and a surviving spouse and $2,500 in the case of a married individual filing a separate return.
Sec. N-8. 36 MRSA §5125, sub-§3, ¶D, as amended by PL 2007, c. 539, Pt. CCC, §9, is further amended to read:
D. Reduced by any amount attributable to interest or expenses incurred in the production of income exempt from tax under this Part; and
Sec. N-9. 36 MRSA §5125, sub-§3, ¶E, as amended by PL 2007, c. 539, Pt. CCC, §10, is further amended to read:
E. Reduced by the amount attributable to any contribution that qualified for and was actually utilized as a credit under section 5216-C ; and .
Sec. N-10. 36 MRSA §5125, sub-§3, ¶F, as enacted by PL 2007, c. 539, Pt. CCC, §11, is repealed.
Sec. N-11. 36 MRSA §5126, first ¶, as amended by PL 2001, c. 583, §16, is further amended to read:
For income tax years beginning on or after January 1, 1998 but before January 1, 1999, a resident individual is allowed $2,400 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 1999 but before January 1, 2000, a resident individual is allowed $2,750 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 2000 but before January 1, 2013, a resident individual is allowed $2,850 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 2013, a resident individual is allowed a deduction equal to the total amount of deductions allowed for personal exemptions in accordance with the Code, Section 151.
Sec. N-12. 36 MRSA §5203-C, sub-§2, ¶A, as enacted by PL 2003, c. 673, Pt. JJ, §3 and affected by §6, is amended to read:
A. Resident individuals, trusts and estates . The tax imposed by this subsection does not apply to resident individuals, trusts and estates for tax years beginning on or after January 1, 2012;
Sec. N-13. 36 MRSA §5203-C, sub-§2, ¶B, as enacted by PL 2003, c. 673, Pt. JJ, §3 and affected by §6, is amended to read:
B. Nonresident individuals, trusts and estates with Maine-source income . The tax imposed by this subsection does not apply to nonresident individuals, trusts and estates for tax years beginning on or after January 1, 2012; and
Sec. N-14. 36 MRSA §5203-C, sub-§4, ¶B, as enacted by PL 2003, c. 673, Pt. JJ, §3 and affected by §6, is amended to read:
B. The credit allowable for a taxable year under this subsection is limited to the amount, if any, by which the regular income tax after application of all other credits arising under this Part exceeds the tentative minimum tax. In any year when the tax under this section does not apply, the tentative minimum tax is disregarded for purposes of calculating the credit limitation.
Sec. N-15. 36 MRSA §5204, as amended by PL 1987, c. 772, §38, is further amended to read:
In addition to any other tax imposed by this Part, a tax is hereby imposed for each taxable year on every taxpayer who, in accordance with the Code, Section 402(e)(1), elects to compute a separate federal tax on a lump-sum distribution from a retirement plan at the rate of 15% of the separate federal tax imposed on the distribution , except that, for tax years beginning in 2012, the rate is 7.5%. The tax under this section does not apply to tax years beginning on or after January 1, 2013.
Sec. N-16. 36 MRSA §5204-A, as amended by PL 1993, c. 395, §20, is further amended to read:
The tax imposed under this Part on any individual whose federal income tax for any taxable year is increased pursuant to the Code as a result of an early distribution from a qualified retirement plan must be increased by an amount equal to 15% of the amount by which the individual's federal income tax was increased pursuant to Section 72(t) of the Code as a result of the early distribution , except that, for tax years beginning in 2012, the rate is 7.5%. The tax under this section does not apply to tax years beginning on or after January 1, 2013.
Sec. N-17. 36 MRSA §5402, sub-§1-B, as enacted by PL 1999, c. 731, Pt. T, §8 and affected by §11, is amended to read:
Sec. N-18. 36 MRSA §5403, as amended by PL 2009, c. 213, Pt. WWW, §1 and affected by §2, is further amended to read:
Beginning in 2002, and each subsequent calendar year thereafter, on or about September 15th, the State Tax Assessor shall multiply the cost-of-living adjustment for taxable years beginning in the succeeding calendar year by the dollar amounts of the tax rate tables specified in section 5111, subsections 1-B, 1-C, 2-B and , 2-C, 3-B and 3-C. If the dollar amounts of each rate bracket, adjusted by application of the cost-of-living adjustment, are not multiples of $50, any increase must be rounded to the next lowest multiple of $50. If the cost-of-living adjustment for any taxable year would be less than the cost-of-living adjustment for the preceding calendar year, the cost-of-living adjustment is the same as for the preceding calendar year. The assessor shall incorporate such changes into the income tax forms, instructions and withholding tables for the taxable year.
Beginning in 2009 and each subsequent calendar year thereafter, the assessor shall reduce the cost-of-living adjustment by an amount that increases estimated noncorporate income tax revenue by $10,500,000 for that calendar year using as a benchmark the most recent revenue projections of the Revenue Forecasting Committee established in Title 5, section 1710-E.
Sec. N-19. Application. Unless otherwise indicated, this Part applies to income tax years beginning on or after January 1, 2012.
Sec. N-20. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 36, section 5124-A; section 5125, subsection 3, paragraphs D and E; section 5203-C, subsection 4, paragraph B; and section 5402, subsection 1-B and that repeal Title 36, section 5125, subsection 3, paragraph F take effect January 1, 2012.
PART O
Sec. O-1. 36 MRSA §5122, sub-§1, ¶N, as amended by PL 2007, c. 240, Pt. CCC, §2 and affected by §4, is further amended to read:
N.
With respect to property placed in service during the taxable year, an amount equal to the net increase in depreciation or expensing attributable to:
(1) For taxable years beginning on or after January 1, 2002 but prior to January 1, 2006, a 30% bonus depreciation deduction claimed by the taxpayer pursuant to Section 101 of the federal Job Creation and Worker Assistance Act of 2002, Public Law 107-147 with respect to property placed in service during the taxable year;
(2) For taxable years beginning on or after January 1, 2002 but prior to January 1, 2006, a 50% bonus depreciation deduction claimed by the taxpayer pursuant to Section 201 of the federal Jobs and Growth Tax Relief Reconciliation Act of 2003, Public Law 108-27 with respect to property placed in service during the taxable year; and
(3) For taxable years beginning on or after January 1, 2003 but prior to January 1, 2011, the increase in aggregate cost under Section 179 of the Code arising from amendments to the Code applicable to tax years beginning on or after January 1, 2003;
Sec. O-2. 36 MRSA §5122, sub-§1, ¶AA, as amended by PL 2009, c. 213, Pt. BBBB, §3, is further amended to read:
AA. For taxable years beginning on or after January 1, 2008 but before January 1, 2011, an amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) arising from amendments to the Code applicable to taxable years beginning on or after January 1, 2008;
Sec. O-3. 36 MRSA §5122, sub-§1, ¶DD, as amended by PL 2011, c. 90, Pt. H, §2 and affected by §8, is further amended to read:
DD. For any taxable year beginning in 2009, 2010 or 2011, an amount equal to the absolute value of any net operating loss carry-forward claimed for purposes of the federal income tax; and
Sec. O-4. 36 MRSA §5122, sub-§1, ¶EE, as enacted by PL 2011, c. 90, Pt. H, §3 and affected by §8, is amended to read:
EE. The amount claimed as a deduction in determining federal adjusted gross income that is included in the credit for wellness programs under section 5219-FF . ; and
Sec. O-5. 36 MRSA §5122, sub-§1, ¶FF is enacted to read:
FF.
For taxable years beginning in 2011 and 2012:
(1) An amount equal to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service in the State during the taxable year, excluding any property described under section 5219-GG, subsection 2; and
(2) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service outside the State during the taxable year and any property placed in service in the State described under section 5219-GG, subsection 2.
Sec. O-6. 36 MRSA §5122, sub-§2, ¶GG, as amended by PL 2011, c. 138, §2 and affected by §4, is further amended to read:
GG. To the extent included in the taxpayer's federal adjusted gross income, the recovery of a portion of a federal standard deduction claimed in a prior year for which the taxpayer was not allowed under this Part to reduce federal adjusted gross income or Maine adjusted gross income for that year; and
Sec. O-7. 36 MRSA §5122, sub-§2, ¶HH, as enacted by PL 2011, c. 138, §3 and affected by §4, is amended to read:
HH. To the extent included in federal adjusted gross income, annuity payments made to the survivor of a deceased member of the military as the result of service in active or reserve components of the United States Army, Navy, Air Force, Marines or Coast Guard under a survivor benefit plan or reserve component survivor benefit plan pursuant to 10 United States Code, Chapter 73 . ; and
Sec. O-8. 36 MRSA §5122, sub-§2, ¶II is enacted to read:
II.
For taxable years beginning on or after January 1, 2012, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2011 or 2012 for which an addition was required under subsection 1, paragraph FF, subparagraph (2) for the taxable year beginning in 2011 or 2012. Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal adjusted gross income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph FF, subparagraph (2) related to property placed in service outside the State and the subtraction modifications allowed pursuant to this paragraph.
The total amount of subtraction claimed for property placed in service outside the State under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph FF, subparagraph (2) for the same property.
Sec. O-9. 36 MRSA §5200-A, sub-§1, ¶N, as amended by PL 2007, c. 240, Pt. CCC, §3 and affected by §4, is further amended to read:
N.
With respect to property placed in service during the taxable year, an amount equal to the net increase in depreciation or expensing attributable to:
(1) For taxable years beginning on or after January 1, 2002 but prior to January 1, 2006, a 30% bonus depreciation deduction claimed by the taxpayer pursuant to Section 101 of the federal Job Creation and Worker Assistance Act of 2002, Public Law 107-147 with respect to property placed in service during the taxable year;
(2) For taxable years beginning on or after January 1, 2002 but prior to January 1, 2006, a 50% bonus depreciation deduction claimed by the taxpayer pursuant to Section 201 of the federal Jobs and Growth Tax Relief Reconciliation Act of 2003, Public Law 108-27 with respect to property placed in service during the taxable year; and
(3) For taxable years beginning on or after January 1, 2003 but prior to January 1, 2011, the increase in aggregate cost under Section 179 of the Code arising from amendments to the Code applicable to tax years beginning on or after January 1, 2003;
Sec. O-10. 36 MRSA §5200-A, sub-§1, ¶T, as repealed and replaced by PL 2009, c. 652, Pt. A, §53, is amended to read:
T. For taxable years beginning on or after January 1, 2008 but before January 1, 2011, an amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) arising from amendments to the Code applicable to taxable years beginning on or after January 1, 2008;
Sec. O-11. 36 MRSA §5200-A, sub-§1, ¶W, as amended by PL 2011, c. 90, Pt. H, §5 and affected by §8, is further amended to read:
W. For tax years beginning on or after January 1, 2009 but before January 1, 2011, an amount equal to the gross income during the taxable year from the discharge of indebtedness deferred under the Code, Section 108(i); and
Sec. O-12. 36 MRSA §5200-A, sub-§1, ¶X, as enacted by PL 2011, c. 90, Pt. H, §6 and affected by §8, is amended to read:
X. The amount claimed as a deduction in determining federal taxable income that is included in the credit for wellness programs under section 5219-FF . ; and
Sec. O-13. 36 MRSA §5200-A, sub-§1, ¶Y is enacted to read:
Y.
For taxable years beginning in 2011 and 2012:
(1) An amount equal to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service in the State during the taxable year, excluding any property described under section 5219-GG, subsection 2; and
(2) An amount equal to the net increase in depreciation attributable to the depreciation deduction claimed by the taxpayer under the Code, Section 168(k) with respect to property placed in service outside the State during the taxable year and any property placed in service in the State described under section 5219-GG, subsection 2.
Sec. O-14. 36 MRSA §5200-A, sub-§2, ¶T, as repealed and replaced by PL 2009, c. 652, Pt. A, §56, is amended to read:
T.
An amount equal to the value of any prior year addition modification under subsection 1, paragraph V, but only to the extent that:
(1) Maine taxable income is not reduced below zero;
(2) The taxable year is within the allowable federal period for carry-over plus the number of years that the net operating loss carry-over adjustment was not deducted as a result of the restriction with respect to tax years beginning in 2009, 2010 and 2011;
(3) The amount has not been previously used as a modification pursuant to this subsection; and
(4) The modification under this paragraph is not claimed for any tax year beginning in 2009, 2010 or 2011; and
Sec. O-15. 36 MRSA §5200-A, sub-§2, ¶U, as enacted by PL 2009, c. 652, Pt. A, §57 and affected by §58, is amended to read:
U. An amount equal to the gross income from discharge of indebtedness previously deferred under the Code, Section 108(i) and included in federal taxable income. The total subtraction for all years under this paragraph may not exceed the amount of the addition modification under subsection 1, paragraph W for the same indebtedness . ; and
Sec. O-16. 36 MRSA §5200-A, sub-§2, ¶V is enacted to read:
V.
For taxable years beginning on or after January 1, 2012, an amount equal to the net increase in the depreciation deduction allowable under the Code, Sections 167 and 168 that would have been applicable to that property had the depreciation deduction under the Code, Section 168(k) not been claimed with respect to such property placed in service during the taxable year beginning in 2011 or 2012 for which an addition was required under subsection 1, paragraph Y, subparagraph (2) for the taxable year beginning in 2011 or 2012. Upon the taxable disposition of property to which this paragraph applies, the amount of any gain or loss includable in federal adjusted gross income must be adjusted for Maine income tax purposes by an amount equal to the difference between the addition modification for such property under subsection 1, paragraph Y, subparagraph (2) related to property placed in service outside the State and the subtraction modifications allowed pursuant to this paragraph.
The total amount of subtraction claimed for property placed in service outside the State under this paragraph for all tax years may not exceed the addition modification under subsection 1, paragraph Y, subparagraph (2) for the same property.
Sec. O-17. 36 MRSA §5219-GG is enacted to read:
Sec. O-18. Application. Unless otherwise specified, this Part applies to tax years beginning on or after January 1, 2011.
PART P
Sec. P-1. 36 MRSA §6207, sub-§1, ¶B, as enacted by PL 2009, c. 213, Pt. XXX, §2, is amended to read:
B. For application periods beginning on August 1, 2009 and on , August 1, 2010, August 1, 2011 and August 1, 2012, the benefit is limited to 80% of the amount determined under paragraph A-1.
PART Q
Sec. Q-1. 10 MRSA c. 110, sub-c. 12 is enacted to read:
SUBCHAPTER 12
MAINE NEW MARKETS CAPITAL INVESTMENT PROGRAM
Sec. Q-2. 36 MRSA §191, sub-§2, ¶QQ, as amended by PL 2011, c. 211, §20, is further amended to read:
QQ. The disclosure of registration, reporting and payment information to the Department of Agriculture, Food and Rural Resources necessary for the administration of Title 32, chapter 28; and
Sec. Q-3. 36 MRSA §191, sub-§2, ¶RR, as enacted by PL 2011, c. 211, §21, is amended to read:
RR. The disclosure to the Finance Authority of Maine of the cumulative value of eligible premiums submitted for reimbursement pursuant to Title 10, section 1020-C . ; and
Sec. Q-4. 36 MRSA §191, sub-§2, ¶SS is enacted to read:
SS. The disclosure of information to the Finance Authority of Maine necessary for the administration of the new markets capital investment credit in sections 2531 and 5219-GG and to the Commissioner of Administrative and Financial Services as necessary for the execution of the memorandum of agreement pursuant to section 5219-GG, subsection 3.
Sec. Q-5. 36 MRSA §2531 is enacted to read:
A taxpayer subject to tax under this chapter that holds a qualified equity investment certified by the Finance Authority of Maine pursuant to Title 10, section 1100-Z, subsection 3, paragraph G is allowed a credit equal to the amount determined in accordance with section 5219-GG against the tax otherwise due under this chapter. The provisions in section 5219-GG govern the allowance of the credit and limitations on the credit amount, refundability, carry-over and recapture.
Sec. Q-6. 36 MRSA §5219-GG is enacted to read:
Sec. Q-7. Application. This Part applies to tax years beginning on or after January 1, 2012.
PART R
Sec. R-1. Calculation and transfer; General Fund; central services savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in this Part that applies against each General Fund account for departments and agencies statewide as a result of improvements in contracting with vendors and the use of procurement cards. 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 2011-12 and 2012-13. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts not later than January 15, 2012.
Sec. R-2. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Departments and Agencies - Statewide 0016
Initiative: Reduces funding to reflect projected savings in the procurement of goods and services.
GENERAL FUND |
2011-12 |
2012-13 |
Unallocated
|
($2,000,000) |
($2,000,000) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($2,000,000) |
($2,000,000) |
PART S
Sec. S-1. 28-A MRSA §89 is enacted to read:
PART T
Sec. T-1. 3 MRSA §851, sub-§1-D is enacted to read:
Sec. T-2. 3 MRSA §851, sub-§1-E is enacted to read:
Sec. T-3. 3 MRSA §851, sub-§2-B, as enacted by PL 1999, c. 756, §4, is amended to read:
Sec. T-4. 3 MRSA §851, sub-§2-C is enacted to read:
Sec. T-5. 4 MRSA §1351, sub-§1-B is enacted to read:
Sec. T-6. 4 MRSA §1351, sub-§1-C is enacted to read:
Sec. T-7. 4 MRSA §1351, sub-§2-A, as enacted by PL 1999, c. 756, §7, is amended to read:
Sec. T-8. 4 MRSA §1351, sub-§3-B is enacted to read:
Sec. T-9. 4 MRSA §1358, sub-§1, as amended by PL 2009, c. 473, §§1 and 2, is repealed and the following enacted in its place:
Sec. T-10. 5 MRSA §17806, sub-§1, ¶A, as amended by PL 2009, c. 473, §3, is further amended to read:
A. Except as provided in paragraph A-1, whenever there is a percentage increase in the Consumer Price Index from July 1st to June 30th, the board shall automatically make an equal percentage increase in retirement benefits, beginning in September, up to a maximum annual increase of 4% 3%. Effective July 1, 2011, the increase applies to that portion of the retirement benefit, up to $20,000, which amount must be indexed in subsequent years by the same percentage adjustments granted under this paragraph.
Sec. T-11. 5 MRSA §17806, sub-§1, ¶B, as amended by PL 1989, c. 557, is further amended to read:
B. Whenever the annual percentage increase in the Consumer Price Index from July 1st to June 30th exceeds 4% 3%, the board shall make whatever adjustments in the retirement benefits are necessary to reflect an annual increase of 4% 3% and shall submit a supplemental budget request to the Governor for the additional funds that would be required to make adjustments in the retirement benefits to reflect the actual increase in the Consumer Price Index. The request shall must include a report stating the cost of the 4% 3% increase, the actual percentage increase in the Consumer Price Index and the percentage adjustments granted during the previous 5 years. The board shall make an additional adjustment in the retirement benefits in the month following the appropriation only in that amount.
Sec. T-12. 5 MRSA §17851, sub-§1-D is enacted to read:
Sec. T-13. 5 MRSA §17851, sub-§1-E is enacted to read:
Sec. T-14. 5 MRSA §17851, sub-§2-D is enacted to read:
Sec. T-15. 5 MRSA §17851, sub-§2-E is enacted to read:
Sec. T-16. 5 MRSA §17851, sub-§3-A, as amended by PL 1999, c. 756, §15, is further amended to read:
Sec. T-17. 5 MRSA §17852, sub-§1, as amended by PL 2007, c. 491, §160, is further amended to read:
Sec. T-18. 5 MRSA §17852, sub-§2, as amended by PL 1999, c. 489, §15, is further amended to read:
Sec. T-19. 5 MRSA §17852, sub-§3-B is enacted to read:
Sec. T-20. 5 MRSA §17857, sub-§3-B is enacted to read:
Sec. T-21. Cost-of-living increase to retirement benefits. Notwithstanding any other provision of law, retirement benefits may not be adjusted to reflect any cost-of-living increase that would otherwise begin in September 2011, September 2012 or September 2013.
Sec. T-22. Noncumulative cost-of-living adjustment retirement benefit. No later than August 15th in 2012, 2013 and 2014, the Executive Director of the Maine Public Employees Retirement System shall notify the State Controller of the total cost of providing a payment to retirees that would otherwise have been eligible for a cost-of-living adjustment but for the operation of the suspension of the annual cost-of-living adjustments pursuant to the provisions of this Part. The benefit calculation is equal to the change in the Consumer Price Index for the year ending in June of the prior calendar year, up to a maximum of 3%, but in no case may the change be less than 0%, multiplied by the retirement benefit payments up to a maximum of $20,000 for the one-year period ending August 31st of that calendar year, excluding any retirement benefits calculated pursuant to this section. The State Controller shall transfer the amounts calculated pursuant to this section up to the balance available in the reserve for retirement benefits established in the Maine Revised Statutes, Title 5, section 1522 no later than September 1st of each year. If the balance in the reserve for retirement benefits on that date is not sufficient to fully fund the total benefits calculated, the State Controller shall transfer the amount that is available in the reserve to the Maine Public Employees Retirement System and the executive director shall proportionally reduce the benefit calculated by this section to equal the amount of funding provided.
Sec. T-23. Award a cost-of-living adjustment. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, section 17806, subsection 1, paragraph A-1 and any other provision of this Part, in 2011 the Board of Trustees of the Maine Public Employees Retirement System shall award a cost-of-living adjustment to retirees of the Legislative Retirement Program, the Judicial Retirement Program and the State Employee and Teacher Retirement Program equal to the amount required to achieve cost-neutrality as required in Title 5, section 17806, subsection 1, paragraph A-1 as a result of the 2009 negative Consumer Price Index. The board shall award this cost-of-living adjustment only if the Consumer Price Index is at a level sufficient to allow for the adjustment; there is no increase in member benefits; there is no additional cost to the State; and there is no increase in the plans' unfunded actuarial liability.
Sec. T-24. Calculation and transfer of funds; retiree cost-of-living adjustment savings. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the State Budget Officer shall calculate the amount of savings in this Part that applies against each account for departments and agencies statewide that have occurred as a result of updated actuarial assumptions and the changes to retirement benefits authorized in this Part. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor on or before January 15, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal year 2011-12 and fiscal year 2012-13.
Sec. T-25. 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 reflect projected savings from changes to future pension obligations.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($21,257,303) |
($22,754,814) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($21,257,303) |
($22,754,814) |
Executive Branch Departments and Independent Agencies - Statewide 0017
Initiative: Reduces funding to reflect savings from recalculating the baseline pension budget using updated actuarial assumptions.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($2,502,574) |
($4,065,180) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($2,502,574) |
($4,065,180) |
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF |
|
|
DEPARTMENT TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
($23,759,877) |
($26,819,994) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
DEPARTMENT TOTAL - ALL FUNDS |
($23,759,877) |
($26,819,994) |
Sec. T-26. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 5, section 17806, subsection 1, paragraphs A and B take effect January 1, 2014.
PART U
Sec. U-1. Design of new retirement benefit plan for state employees and teachers; working group established. A working group, referred to in this Part as "the working group," is established to develop an implementation plan designed to close the current defined benefit retirement plan for all state employees and teachers and replace it with a retirement benefit plan, referred to in this Part as "the plan," that is supplemental to Social Security and applies to all state employees and teachers who are first hired after June 30, 2015 with no prior creditable service. The working group must be staffed within the existing resources of the Maine Public Employees Retirement System and the Department of Administrative and Financial Services.
1. Definitions. For purposes of this Part, the following terms have the following meanings.
A. "State employee" has the same meaning as in the Maine Revised Statutes, Title 5, section 17001, subsection 40.
B. "Teacher" has the same meaning as in the Maine Revised Statutes, Title 5, section 17001, subsection 42.
2. Working group membership. The working group consists of:
A. The Executive Director of the Maine Public Employees Retirement System, who serves as the chair of the working group;
B. The Commissioner of Administrative and Financial Services, or a designee of the commissioner;
C. A member appointed by the chair of the working group nominated by the Maine Education Association;
D. A member appointed by the chair of the working group nominated by the Maine School Management Association; and
E. A member appointed by the chair of the working group nominated by the Maine State Employees Association.
3. New retirement plan. The working group shall design a retirement plan to supplement Social Security for state employees and teachers in accordance with this subsection.
A. Every member of the plan must contribute to both Social Security and Medicare, and the employer of each member must contribute the employer's share of Social Security and Medicare.
B. Each active member of the plan must be entitled to participate in a supplemental retirement plan.
C. The supplemental retirement plan must be designed to:
(1) Attract new state employees and teachers and meet employer recruitment needs and employee needs for retirement benefit portability and retirement security;
(2) Be competitive with retirement benefit plans provided by similar employers that contribute to their employees' retirement security in addition to Social Security;
(3) Limit the State's long-term cost exposure to 2% of employee gross payroll and the employee's exposure to loss of retirement security;
(4) Provide the State with the ability to make additional retirement plan contributions in any given biennium without increasing the 2% long-term contribution ceiling;
(5) Ensure that employees and employers share plan administrative costs; and
(6) Provide financial information to assist employees in understanding how to preserve their living standards.
4. Duties. The working group shall consult, as needed, with experts in the retirement and investment field and shall:
A. Determine the financial impact on the State and other public employers over time of closing the current retirement plan to new entrants and offering a new retirement plan consisting of Social Security and a supplemental retirement plan;
B. Develop an implementation date that creates the most predictable and affordable transition from the current plan to the new plan;
C. Identify and develop any modifications that can be made to the existing plan before it is closed to make the cost of the plan more predictable and affordable and to improve the ability of public employers to attract new employees while transitioning to the new plan; and
D. Study the impact of options for amending the Constitution of Maine to change the 10-year period required for amortization of experience losses and the requirement that all unfunded liabilities be eliminated by 2028.
Sec. U-2. Report. The working group shall submit a report on the design of the plan under section 1, together with any necessary implementing legislation, to the Joint Standing Committee on Appropriations and Financial Affairs by January 1, 2012. After receipt and review of the report, the joint standing committee may report out a bill to the Second Regular Session of the 125th Legislature.
PART V
Sec. V-1. 5 MRSA §285, sub-§7, ¶¶I to L are enacted to read:
I.
For persons who were first employed by the State on or after July 1, 2011, the State shall pay a pro rata portion of only the retiree's share of the premiums for the standard plan identified and offered by the commission and available to the retiree, as authorized by the commission for persons who were previously eligible for this health plan pursuant to subsection 1, paragraph A and who have subsequently become eligible pursuant to subsection 1, paragraph G based on the total number of years of participation in the group health plan prior to retirement as follows.
(1) For an employee with at least 10 but less than 15 years of participation, the state portion is up to 50% of the group health plan premium.
(2) For an employee with at least 15 but less than 20 years of participation, the state portion is up to 75% of the group health plan premium.
(3) For an employee with at least 20 years of participation, the state portion is up to 100% of the group health plan premium.
(4) For an employee with less than 10 years of participation, there is no contribution by the State.
J. Those state employees that retire on or after January 1, 2012, or those state employees employed as teachers in the unorganized territory or the Maine Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf that retire on or after July 1, 2012, under the provisions of section 17851, subsections 1-B, 1-C, 2-B, 2-C and 3 shall contribute 100% of the individual premium until such time as the retiree reaches normal retirement age.
K. The total premium increase for active and retired state employee health insurance is capped at the fiscal year 2010-11 funding level for the fiscal years ending June 30, 2012 and June 30, 2013.
L. The provisions of paragraphs I and J do not apply to those individuals receiving retirement benefits under section 17907 or section 17929.
Sec. V-2. Calculation and transfer of funds; retiree health insurance. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the State Budget Officer shall calculate the amount of savings in in section 5 that applies against each account for departments and agencies statewide that have occurred as a result of the retiree health provisions authorized in this Part. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor on or before January 15, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal years 2011-12 and 2012-13.
Sec. V-3. Calculation and transfer of funds; health insurance. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the State Budget Officer shall calculate the amount of savings in in section 6 that applies against each account for departments and agencies statewide that have occurred as a result of the health insurance provisions authorized in this Part. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor on or before January 15, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal years 2011-12 and 2012-13.
Sec. V-4. Report. The Executive Director of Employee Health and Benefits within the Department of Administrative and Financial Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs on or before January 1, 2012 with a plan to constrain health insurance premium growth in the future.
Sec. V-5. 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 reflect projected savings from changes to future retiree health obligations.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($5,542,429) |
($9,157,284) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($5,542,429) |
($9,157,284) |
Sec. V-6. 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 reflect projected savings from maintaining the cost of health insurance at the fiscal year 2010-11 level.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($4,591,812) |
($9,552,949) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($4,591,812) |
($9,552,949) |
Sec. V-7. Effective date. That section of this Part that enacts the Maine Revised Statutes, Title 5, section 285, subsection 7, paragraphs I to L takes effect July 1, 2011.
PART W
Sec. W-1. 20-A MRSA §13451, sub-§2, as amended by PL 2001, c. 439, Pt. PP, §1 and PL 2007, c. 58, §3, is further amended to read:
Sec. W-2. 20-A MRSA §13451, sub-§2-D is enacted to read:
Sec. W-3. 20-A MRSA §13451, sub-§3, as amended by PL 2005, c. 12, Pt. X, §1 and c. 457, Pt. TT, §§1 and 2, is further amended to read:
Sec. W-4. Report. The Executive Director of the Division of Employee Health and Benefits within the Department of Administrative and Financial Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs on or before January 1, 2012 with an implementation plan to bring Medicare-eligible teachers into the state retiree group health plan.
Sec. W-5. Effective date. This Part takes effect July 1, 2011.
PART X
Sec. X-1. 5 MRSA §1522 is enacted to read:
Sec. X-2. 5 MRSA §1536, sub-§1, as amended by PL 2005, c. 519, Pt. VV, §4, is further amended to read:
PART Y
Sec. Y-1. 5 MRSA §286-B, as amended by PL 2009, c. 213, Pt. N, §1, is further amended to read:
Sec. Y-2. Trust document. The Treasurer of State and the State Controller shall work with the Attorney General to draft an irrevocable trust document to govern the receipt, control, investment and disbursement of funds placed into the teacher plan and the first responder plan under the Maine Revised Statutes, Title 5, section 286-B.
Sec. Y-3. Trustee selection. The Treasurer of State shall select the trustee for the teacher plan and the first responder plan under the Maine Revised Statutes, Title 5, section 286-B with the advice of representatives from the Maine Municipal Association, the Maine School Management Association, the Maine Education Association and the State Controller, using the request for proposal bidding process set forth in Title 5, chapter 155.
PART Z
Sec. Z-1. Retirement incentive. The Commissioner of Administrative and Financial Services is authorized to offer a retirement incentive program to employees who are eligible to retire and who have reached their normal retirement age, but not to employees who are eligible to retire under any special retirement plan. Employees choosing to participate in this retirement incentive program must make application for participation in the manner specified by the commissioner, with retirements effective on or before November 1, 2011.
Sec. Z-2. Calculation and transfer of funds; savings from retirement incentive program. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide Retirement Incentive account in section 4 that applies against each account for departments and agencies statewide that have occurred as a result of the retirement incentive program authorized in section 1. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor on or before January 15, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal years 2011-12 and 2012-13.
Sec. Z-3. Disposition of authorized positions vacated by retiring employees. Except as provided in this section, positions vacated by employees choosing to participate in the retirement incentive program authorized in section 1 must remain vacant through June 30, 2013. Upon approval of the State Budget Officer, a vacated position may be filled to meet the operational needs of the department as long as a different vacated position that achieves comparable savings within the same fund is identified. The State Budget Officer shall report to the Joint Standing Committee on Appropriations and Financial Affairs on the number of the employees, by program, taking advantage of the retirement incentive program by September 1, 2012.
Sec. Z-4. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Departments and Agencies - Statewide 0016
Initiative: Reduces funding to reflect projected savings to be achieved through a retirement incentive program.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($5,000,000) |
($5,500,000) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($5,000,000) |
($5,500,000) |
PART AA
Sec. AA-1. 34-A MRSA §1403, sub-§12 is enacted to read:
PART BB
Sec. BB-1. Transfer of funds; overtime expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, upon the recommendation of the State Budget Officer and approval of the Governor, is authorized to transfer, by financial order, Personal Services, All Other or Capital Expenditures funding between accounts within the same fund for the purposes of paying overtime expenses in fiscal years 2011-12 and 2012-13.
Sec. BB-2. Transfers and adjustments to position count. The Commissioner of Corrections shall review the current organizational structure to improve organizational efficiency and cost-effectiveness. Notwithstanding any other provision of law, the State Budget Officer shall transfer the position counts and available balances by financial order in order to achieve the purposes of this section. In accordance with the requirements of the Maine Revised Statutes, Title 5, section 1585, a financial order describing such a transfer must be submitted by the Department of Administrative and Financial Services, Bureau of the Budget to the Office of Fiscal and Program Review 30 days before a transfer is to be implemented. In case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Any transfer or adjustment pursuant to this section that would result in a program or mission change or facility closure must be reported to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters for review before the associated financial order is submitted to the Governor for approval. These transfers are considered adjustments to authorized position count, appropriations and allocations.
PART CC
Sec. CC-1. 20-A MRSA §19102, sub-§4 is enacted to read:
PART DD
Sec. DD-1. 20-A MRSA §253, sub-§7, as enacted by PL 1981, c. 693, §§5 and 8, is repealed.
Sec. DD-2. 20-A MRSA §6401-A is enacted to read:
Sec. D-3. 20-A MRSA §6401-B is enacted to read:
The school nurse consultant under section 6401-A shall provide statewide nursing leadership, consultation and direction for coordinated school health care programs. The school nurse consultant shall:
Sec. DD-4. 22 MRSA §1971, as amended by PL 2009, c. 415, Pt. A, §11, is repealed.
Sec. DD-5. 22 MRSA §1972, as enacted by PL 1999, c. 731, Pt. QQ, §1, is repealed.
PART EE
Sec. EE-1. 5 MRSA §1824-A is enacted to read:
PART FF
Sec. FF-1. Working group; development of implementing legislation. The Commissioner of Administrative and Financial Services shall convene a working group to develop proposed legislation that transfers personnel, position counts and responsibilities from the Executive Department, State Planning Office to other departments and agencies of the State.
1. The members of the working group are:
A. The Director of the State Planning Office within the Executive Department or the director's designee;
B. The Commissioner of Labor or the commissioner's designee;
C. The Commissioner of Public Safety or the commissioner's designee;
D. The Commissioner of Defense, Veterans and Emergency Management or the commissioner's designee;
E. The Commissioner of Conservation or the commissioner's designee;
F. The Commissioner of Economic and Community Development or the commissioner's designee;
G. The Commissioner of Marine Resources or the commissioner's designee;
H. The Commissioner of Environmental Protection or the commissioner's designee;
I. One member of a local or regional governing body appointed by the President of the Senate; and
J. One representative of a municipal or regional governing body appointed by the Speaker of the House.
2. The Commissioner of Administrative and Financial Services shall serve as the chair of the working group.
3. The Executive Department, State Planning Office and the Department of Administrative and Financial Services, Division of Financial and Personnel Services shall provide staff assistance to the working group.
Sec. FF-2. Report. The working group shall submit its recommendations and any related proposed legislation to the Joint Standing Committee on Appropriations and Financial Affairs no later than December 1, 2011. The proposed legislation must include recommendations for the disposition of programs in the Executive Department, State Planning Office and a recommendation regarding the job title, duties and salary range for the Director, State Planning Office position. After receipt and review of the report, the joint standing committee may submit legislation to the Second Regular Session of the 125th Legislature to transfer duties and responsibilities from the State Planning Office to other departments and agencies of State Government.
PART GG
Sec. GG-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2011, the State Controller shall transfer $30,000 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account for the purchase of one replacement aircraft engine. On or before August 1, 2012, the State Controller shall transfer $30,000 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account for the purchase of one replacement aircraft engine.
Sec. GG-2. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2011, the State Controller shall transfer $15,347 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Licensing Services - Inland Fisheries and Wildlife program, General Fund account to fund the retroactive portion of the position reclassification of one Supervisor of Licensing and Registration position.
Sec. GG-3. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2011, the State Controller shall transfer $23,622 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Resource Management Services - Inland Fisheries and Wildlife program, General Fund account to fund the retroactive portion of the position reclassifications of 2 Biologist II positions.
Sec. GG-4. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before July 31, 2011, the State Controller shall transfer $155,241 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to fund the payment of outstanding amounts due for dispatch services provided by the Department of Public Safety.
PART HH
Sec. HH-1. 12 MRSA §10202, sub-§9, as amended by PL 2009, c. 213, Pt. I, §1, is further amended to read:
PART II
Sec. II-1. 8 MRSA §1036, sub-§2, ¶E, as amended by PL 2009, c. 462, Pt. H, §1, is further amended to read:
E. Ten percent of the net slot machine income must be forwarded by the board to the State Controller to be credited to the Fund for a Healthy Maine established by Title 22, section 1511 and segregated into a separate account under Title 22, section 1511, subsection 11, with the use of funds in the account restricted to the purposes described in Title 22, section 1511, subsection 6, paragraph E. For the fiscal years ending June 30, 2010, June 30, 2011 and , June 30, 2012 and June 30, 2013, the amount credited annually by the State Controller to the Fund for a Healthy Maine under this paragraph may not exceed $4,500,000 annually and any funds in excess of $4,500,000 annually during these fiscal years must be credited as General Fund undedicated revenue;
Sec. II-2. 22 MRSA §1560-D, sub-§10, as enacted by PL 2007, c. 467, §3, is amended to read:
PART JJ
Sec. JJ-1. 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, 2011 or July 1, 2012.
PART KK
Sec. KK-1. 22 MRSA §3104-A, sub-§1, as amended by PL 2009, c. 291, §3, is repealed and the following enacted in its place:
Sec. KK-2. 22 MRSA §3174-G, sub-§1, ¶¶E and F, as amended by PL 2003, c. 469, Pt. A, §5 and affected by c. 673, Pt. Y, §3, are further amended to read:
E. The parent or caretaker relative of a child described in paragraph B or D when the child's family income is equal to or below 200% of the nonfarm income official poverty line, subject to adjustment by the commissioner under this paragraph. Medicaid services provided under this paragraph must be provided within the limits of the program budget. Funds appropriated for services under this paragraph must include an annual inflationary adjustment equivalent to the rate of inflation in the Medicaid program. On a quarterly basis, the commissioner shall determine the fiscal status of program expenditures under this paragraph. If the commissioner determines that expenditures will exceed the funds available to provide Medicaid coverage pursuant to this paragraph, the commissioner must adjust the income eligibility limit for new applicants to the extent necessary to operate the program within the program budget. If, after an adjustment has occurred pursuant to this paragraph, expenditures fall below the program budget, the commissioner must raise the income eligibility limit to the extent necessary to provide services to as many eligible persons as possible within the fiscal constraints of the program budget, as long as the income limit does not exceed 200% of the nonfarm income official poverty line; and
F.
A person 20 to 64 years of age who is not otherwise covered under paragraphs A to E when the person's family income is below or equal to 125% of the nonfarm income official poverty line, provided that the commissioner shall adjust the maximum eligibility level in accordance with the requirements of the paragraph.
(2) If the commissioner reasonably anticipates the cost of the program to exceed the budget of the population described in this paragraph, the commissioner shall lower the maximum eligibility level to the extent necessary to provide coverage to as many persons as possible within the program budget.
(3) The commissioner shall give at least 30 days' notice of the proposed change in maximum eligibility level 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 . ; and
Sec. KK-3. 22 MRSA §3174-G, sub-§1, ¶G is enacted to read:
G.
A person who is a noncitizen legally admitted to the United States to the extent that coverage is allowable by federal law if the person is:
(1) A woman during her pregnancy and up to 60 days following delivery; or
(2) A child under 21 years of age.
Sec. KK-4. 22 MRSA §3762, sub-§3, ¶B, as amended by PL 2007, c. 539, Pt. XX, §1, is further amended to read:
B.
The department may use funds, insofar as resources permit, provided under and in accordance with the United States Social Security Act or state funds appropriated for this purpose or a combination of state and federal funds to provide assistance to families under this chapter. In addition to assistance for families described in this subsection, funds must be expended for the following purposes:
(1) To continue the pass-through of the first $50 per month of current child support collections and the exclusion of the $50 pass-through from the budget tests and benefit calculations;
(2) To provide financial and medical assistance to certain noncitizens legally admitted to the United States who are receiving assistance under this subsection as of July 1, 2011. Recipients of assistance under this subparagraph are limited to the categories of noncitizens who would be eligible for the TANF or Medicaid programs programs but for their status as aliens under PRWORA. Eligibility for the TANF and Medicaid programs program for these categories of noncitizens must be determined using the criteria applicable to other recipients of assistance from these programs; from the TANF program. Any household receiving assistance as of July 1, 2011 may continue to receive assistance, as long as that household remains eligible, without regard to interruptions in coverage or gaps in eligibility for service. A noncitizen legally admitted to the United States who is neither receiving assistance on July 1, 2011 nor has an application pending for assistance on July 1, 2011 that is later approved is not eligible for financial assistance through a state-funded program unless that noncitizen is:
(a) Elderly or disabled, as described under the laws governing supplemental security income in 42 United States Code, Sections 1381 to 1383f (2010);
(b) A victim of domestic violence; or
(c) Experiencing other hardship, such as time necessary to obtain proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A;
(3) To provide benefits to certain 2-parent families whose deprivation is based on physical or mental incapacity;
(4) To provide an assistance program for needy children, 19 to 21 years of age, who are in full-time attendance in secondary school. The program is operated for those individuals who qualify for TANF under the United States Social Security Act, except that they fail to meet the age requirement, and is also operated for the parent or caretaker relative of those individuals. Except for the age requirement, all provisions of TANF, including the standard of need and the amount of assistance, apply to the program established pursuant to this subparagraph;
(5) To provide assistance for a pregnant woman who is otherwise eligible for assistance under this chapter, except that she has no dependents under 19 years of age. An individual is eligible for the monthly benefit for one eligible person if the medically substantiated expected date of the birth of her child is not more than 90 days following the date the benefit is received;
(6) To provide a special housing allowance for TANF families whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 75% of their monthly income. The special housing allowance is limited to $100 per month for each family. For purposes of this subparagraph, "monthly income" means the total of the TANF monthly benefit and all income countable under the TANF program, plus child support received by the family, excluding the $50 pass-through payment;
(7) In determining benefit levels for TANF recipients who have earnings from employment, the department shall disregard from monthly earnings the following:
(a) One hundred and eight dollars;
(b) Fifty percent of the remaining earnings that are less than the federal poverty level; and
(c) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs;
(8) In cases when the TANF recipient has no child care cost, the monthly TANF benefit is the maximum payment level or the difference between the countable earnings and the standard of need established by rule adopted by the department, whichever is lower;
(9) In cases when the TANF recipient has child care costs, the department shall determine a total benefit package, including TANF cash assistance, determined in accordance with subparagraph (7) and additional child care assistance, as provided by rule, necessary to cover the TANF recipient's actual child care costs up to the maximum amount specified in section 3782-A, subsection 5. The benefit amount must be paid as provided in this subparagraph.
(a) Before the first month in which child care assistance is available to an ASPIRE-TANF recipient under this paragraph and periodically thereafter, the department shall notify the recipient of the total benefit package and the following options of the recipient: to receive the total benefit package directly; or to have the department pay the recipient's child care assistance directly to the designated child care provider for the recipient and pay the balance of the total benefit package to the recipient.
(b) If an ASPIRE-TANF recipient notifies the department that the recipient chooses to receive the child care assistance directly, the department shall pay the total benefit package to the recipient.
(c) If an ASPIRE-TANF recipient does not respond or notifies the department of the choice to have the child care assistance paid directly to the child care provider from the total benefit package, the department shall pay the child care assistance directly to the designated child care provider for the recipient. The department shall pay the balance of the total benefit package to the recipient;
(10) Child care assistance under this paragraph must be paid by the department in a prompt manner that permits an ASPIRE-TANF recipient to access child care necessary for work; and
(11) The department shall adopt rules pursuant to Title 5, chapter 375 to implement this subsection. Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART LL
Sec. LL-1. 22 MRSA §3762, sub-§18 is enacted to read:
PART MM
Sec. MM-1. Department of Health and Human Services; revision of agency rules; residential care; transfer of assets. The Department of Health and Human Services shall amend its asset transfer rules in the MaineCare Eligibility Manual, chapter 332, in order to implement the option under the Maine Revised Statutes, Title 22, section 3174-A, which allows the imposition of a penalty for certain transfers of assets to obtain help with state-funded assistance in certain boarding home settings. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART NN
Sec. NN-1. Dorothea Dix Psychiatric Center working group established.
1. Working group established; goals. Notwithstanding Joint Rule 353, the Commissioner of Health and Human Services shall convene a working group, referred to in this section as "the working group," to develop a plan and suggest implementing legislation regarding the future role and structure of the Dorothea Dix Psychiatric Center to be effective June 30, 2012, including the transfer of personnel, position counts and other responsibilities, if applicable, to other programs within the Department of Health and Human Services. The working group shall develop a comprehensive plan that is focused on the attainment of recovery milestones, such as improved health status, increased independence, improved life satisfaction and integration into the full community, for persons with serious and persistent mental health conditions through the delivery of high-quality, efficient services.
2. Working group membership. The members of the working group are:
A. One member of the Senate, appointed by the President of the Senate. When making the appointment, the President of the Senate shall give preference to members from the area served by the Dorothea Dix Psychiatric Center and members of the party having the largest number of members in the Senate;
B. One member of the House of Representatives, appointed by the Speaker of the House. When making the appointment, the Speaker of the House shall give preference to members from the area served by the Dorothea Dix Psychiatric Center and members of the party having the 2nd largest number of members in the House;
C. The Commissioner of Health and Human Services or the commissioner's designee;
D. The Superintendent of the Dorothea Dix Psychiatric Center or the superintendent's designee;
E. The Superintendent of the Riverview Psychiatric Center or the superintendent's designee;
F. The Commissioner of Administrative and Financial Services or the commissioner's designee;
G. One member of the staff of the Dorothea Dix Psychiatric Center selected by the Commissioner of Health and Human Services from among candidates provided by the President of the Maine State Employees Association;
H. One member of the staff of the Dorothea Dix Psychiatric Center selected by the Commissioner of Health and Human Services from among candidates provided by the President of the American Federation of State, County and Municipal Employees, Maine branch; and
I. The following, invited by the Commissioner of Health and Human Services to participate in the working group:
(1) The Chief Executive Officer of Spring Harbor Hospital or the chief executive officer's designee;
(2) The Chief Executive Officer of Acadia Hospital or the chief executive officer's designee;
(3) Two members of the Consumer Council System of Maine, including the Executive Director of the Consumer Council System of Maine or the executive director's designee;
(4) The Executive Director of the Disability Rights Center or the executive director's designee;
(5) The Executive Director of the National Alliance on Mental Illness Maine or the executive director's designee;
(6) The Chief Executive Officer of Aroostook Mental Health Services, Inc. or the chief executive officer's designee;
(7) The Executive Director of Community Health and Counseling Services, Inc. or the executive director's designee;
(8) The Chief Executive Officer of the Charlotte White Center or the chief executive officer's designee; and
(9) The President of the Eastern Maine Development Corporation or the president's designee.
3. Working group chair. The Commissioner of Health and Human Services shall serve as the chair of the working group.
4. Staff assistance. The Department of Health and Human Services shall provide staff assistance to the working group.
5. Report. In developing recommendations and suggested implementing legislation, the working group shall develop a plan that:
A. Establishes recovery outcomes to be tracked;
B. Ensures that the transitional needs of patients are effectively met;
C. Includes provision of essential community living supports for housing, vocational and nonvocational involvements and health care;
D. Includes support for other critical community-based resources and treatment services;
E. Focuses on integrating all health care;
F. Ensures that adequate capacity exists locally for inpatient hospitalizations;
G. Ensures that adequate essential community care services to support outcomes are available;
H. Ensures that community and family education is optimized to support integration; and
I. Ensures that the delivery of high-quality, efficient service is achieved.
The working group shall submit its plan and proposed legislation to the Commissioner of Health and Human Services, who shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services no later than December 1, 2011. After receipt and review of the plan, the committees may submit legislation to the Second Regular Session of the 125th Legislature to implement the recommendations regarding the Dorothea Dix Psychiatric Center.
PART OO
Sec. OO-1. Interdepartmental cooperation; Department of Health and Human Services and Department of the Attorney General. The Department of Health and Human Services and the Department of the Attorney General shall work cooperatively to explore opportunities for increased collaboration as well as to identify short-term and long-term improvements to the fraud detection and referral process and any savings that can be realized from these improvements.
PART PP
Sec. PP-1. 22 MRSA §3762, sub-§15, as enacted by PL 1997, c. 695, §1, is repealed.
Sec. PP-2. 22 MRSA §3762, sub-§§18 and 19 are enacted to read:
Sec. PP-3. 22 MRSA §3763, sub-§1, as enacted by PL 1997, c. 530, Pt. A, §16, is amended to read:
Sec. PP-4. 22 MRSA §3763, sub-§1-A is enacted to read:
Sec. PP-5. Notification. The Department of Health and Human Services shall notify current sanctioned adult recipients no later than October 1, 2011 of the provisions of the Maine Revised Statutes, Title 22, section 3763, subsection 1-A and the ability to maintain family eligibility by complying with the family contract or providing information to substantiate an exemption by January 1, 2012. If the adult recipient is in good standing under the family contract as of January 1, 2012, previous sanctions do not apply.
Sec. PP-6. Rename Office of Integrated Access and Support - Central Office program. Notwithstanding any other provision of law, the Office of Integrated Access and Support - Central Office program within the Department of Health and Human Services is renamed the Office for Family Independence program.
Sec. PP-7. Rules. The Department of Health and Human Services shall revise its rules to impose a quit penalty on Temporary Assistance for Needy Families - Unemployed Parents participants that requires a recalculation of benefits to exclude the family member who quit employment without cause. The penalty period remains in effect until such time as the family member obtains equivalent employment.
Sec. PP-8. Rules. The Department of Health and Human Services may adopt rules necessary to implement the provisions of this Part. Rules adopted pursuant to this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. PP-9. Report on the impact of Temporary Assistance for Needy Families program reforms. By November 1, 2012, 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 impact of the changes made to the Temporary Assistance for Needy Families program in this Part, including: the number of cases removed as a result of the 60-month limit; the number of individual sanctions imposed; the number of full-family sanctions imposed; the number of administrative hearings requested; and the number of cases for which assessment information was requested and was provided.
PART QQ
Sec. QQ-1. Transfer from unappropriated surplus at close of fiscal year 2011-12. Notwithstanding any other provision of law, at the close of fiscal year 2011-12, the State Controller shall transfer up to $25,000,000 from the unappropriated surplus of the General Fund to the Department of Health and Human Services, Medical Care - Payments to Providers account in the General Fund after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made and as the first priority after the transfers required pursuant to the Maine Revised Statutes, Title 5, sections 1507, 1511 and 1522 and before the transfers required pursuant to Title 5, section 1536.
Sec. QQ-2. Purpose of transfers. Transfers made pursuant to this Part must be expended for hospital settlements.
Sec. QQ-3. Transfer considered adjustments to appropriations. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, amounts transferred pursuant to this Part are considered adjustments to appropriations in fiscal year 2012-13 only. These funds may be allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor.
PART RR
Sec. RR-1. PL 2011, c. 45, §6 is amended to read:
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) LICENSURE OF WATER SYSTEM OPERATORS, BOARD OF
Water System Operators - Board of Licensure 0104
Initiative: Deallocates funds as a result of savings from reduced costs for testing.
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
All Other
|
$0 |
($10,600) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
($10,600) |
PART SS
Sec. SS-1. 22 MRSA §2681, sub-§16 is enacted to read:
PART TT
Sec. TT-1. 4 MRSA §17, sub-§15, ¶A, as enacted by PL 2003, c. 400, §1, is amended to read:
A.
The State Court Administrator may contract for the services of qualified individuals as needed on a per diem basis to perform court security-related functions and services.
(1) For the purposes of this subsection, "qualified individuals" means municipal law enforcement officers, deputy sheriffs and other individuals who are certified pursuant to Title 25, section 2804-B or 2804-C and have successfully completed additional training in court security provided by the Maine Criminal Justice Academy or equivalent training.
(2) When under contract pursuant to this paragraph and then only for the assignment specifically contracted for, qualified individuals have the same duties and powers throughout the counties of the State as sheriffs have in their respective counties.
(3) Qualified municipal law enforcement officers and deputy sheriffs performing contractual services pursuant to this paragraph continue to be employees of the municipalities and counties in which they are deputized employed.
(4) Qualified individuals other than municipal law enforcement officers or deputy sheriffs performing contractual services pursuant to this paragraph may not be considered employees of the State for any purpose, except that they must be treated as employees of the State for purposes of the Maine Tort Claims Act and the Maine Workers' Compensation Act of 1992. They must be paid reasonable per diem fees plus reimbursement of actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with policies established by the State Court Administrator.
PART UU
Sec. UU-1. Agency rules; child care rates; Department of Health and Human Services. The Department of Health and Human Services is directed to revise its rules in the Child Care Subsidy Policy Manual to establish state-paid child care rates at the 50th percentile of the most current local market rate survey. 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 VV
Sec. VV-1. PL 2007, c. 240, Pt. X, §2, as amended by PL 2009, c. 213, Pt. SSSS, §1, is further amended to read:
Sec. X-2. Transfer of funds. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, until June 30, 2011 2013, available balances of appropriations in MaineCare General Fund accounts may be transferred between accounts by financial order upon the recommendation of the State Budget Officer and approval of the Governor.
Sec. VV-2. PL 2007, c. 240, Pt. X, §5, as amended by PL 2009, c. 213, Pt. SSSS, §2, is further amended to read:
Sec. X-5. Weekly MaineCare reporting. Until June 30, 2011 2013, the Commissioner of Health and Human Services shall issue a weekly financial summary and report on MaineCare program expenditures. The report must be submitted 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 human services matters and must be presented in a budget to actual format detailing amounts at the program level. This reporting requirement is in addition to the reporting requirements contained in the Maine Revised Statutes, Title 22, section 3174-B.
Sec. VV-3. PL 2007, c. 240, Pt. X, §6, as amended by PL 2009, c. 213, Pt. SSSS, §3, is further amended to read:
Sec. X-6. Quarterly MaineCare reporting . Until June 30, 2010, the Commissioner of Health and Human Services shall issue a quarterly financial summary and report on MaineCare program expenditures. The report must be submitted 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 within 14 days of certification of the quarterly CMS-64 report to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services. This report must segregate expenditures by enrollment category and type of service. From July 1, 2010 to June 30, 2011 2013 the commissioner shall continue to issue a quarterly financial summary and report on MaineCare program expenditures in a format and with content equivalent to the prior year's reports and incorporating the capabilities of the new Maine integrated health management solution system. This reporting requirement is in addition to the reporting requirements contained in the Maine Revised Statutes, Title 22, section 3174-B.
Sec. VV-4. MaineCare financial order transfer authority report. The Commissioner of Health and Human Services shall review the effects the MaineCare financial order transfer authority authorized by Public Law 2007, chapter 240, Pt. X, section 2 has had on funding available for individual MaineCare General Fund accounts. The review must quantify the net change in funding available to each account by fiscal year as a result of the transfer authority with the goal of ultimately adjusting baseline appropriations to these programs in order to no longer require significant financial order transfers between MaineCare General Fund accounts. The commissioner shall report the findings and recommendations for adjustments to appropriations to the Joint Standing Committee on Appropriations and Financial Affairs no later than December 1, 2011.
PART WW
Sec. WW-1. 22 MRSA §7247, as enacted by PL 2003, c. 483, §1, is amended to read:
The Controlled Substances Prescription Monitoring Program Fund is established within the office to be used by the director of the office to fund or assist in funding the program. Any balance in the fund does not lapse but is carried forward to be expended for the same purposes in succeeding fiscal years. The fund must be deposited with and maintained and administered by the office. The office may accept funds into the fund from any source, public or private, including grants or contributions of money or other things of value, that it determines necessary to carry out the purposes of this chapter. Money received by the office to establish and maintain the program must be used for the expenses of administering this chapter. No General Fund appropriation may be made available for the purposes of this chapter.
PART XX
Sec. XX-1. Mental health services report. The Commissioner 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 no later than February 1, 2012 regarding the implementation of fiscal year 2011-12 funding for mental health services for individuals not eligible for MaineCare and for housing services in order to conform to the consent decree in the case of Paul Bates, et al. v. Robert Glover, et al. and pursuant to the Court Master's June 25, 2010 update. The report must include recommendations from the Court Master pertaining to the consent decree and recommendations for funding for fiscal year 2012-13.
PART YY
Sec. YY-1. Substance Abuse Services Commission; convene stakeholder group; purchase of controlled medications; agency rules. The Substance Abuse Services Commission, established in the Maine Revised Statutes, Title 5, section 12004-G, subsection 13-C, shall convene a stakeholder group consisting of Substance Abuse Service Commission members and representatives from the prescribing and pharmacy communities, the Board of Licensure in Medicine, the Maine Board of Pharmacy, the Department of the Attorney General, the Office of MaineCare Services and the Office of Substance Abuse within the Department of Health and Human Services and the MaineCare recipient consumer community. The stakeholder group shall examine the issue of MaineCare recipients using cash to purchase controlled schedule II, III and IV prescription medications beyond the recipients' MaineCare benefit coverage. The stakeholder group shall assess the prevalence of such cash purchases and make recommendations to the Commissioner of Health and Human Services no later than December 15, 2011 for any necessary rule changes. Any rules adopted by the department pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
PART ZZ
Sec. ZZ-1. Emergency rule-making authority; health and human services matters. The Department of Health and Human Services is authorized to adopt emergency rules 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 for which specific authority has not been provided in any other Part of this Act without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare.
PART AAA
Sec. AAA-1. Transfer from Employment Rehabilitation Fund. At the close of fiscal year 2010-11, the State Controller shall transfer $1,000,000 from the available balance in the Employment Rehabilitation Fund, Other Special Revenue Funds account within the Workers' Compensation Board to the General Fund unappropriated surplus.
PART BBB
Sec. BBB-1. 24-A MRSA §6914, as amended by PL 2005, c. 400, Pt. A, §14, is further amended to read:
Starting July 1, 2004, Dirigo Health shall transfer funds, as necessary, to a special dedicated, nonlapsing revenue account administered by the agency of State Government that administers MaineCare for the purpose of providing a state match for federal Medicaid dollars services provided to individuals eligible pursuant to Title 22, section 3174-G, subsection 1, paragraph E whose nonfarm income is greater than 150% of the nonfarm income official poverty line and is below or equal to 200% of the nonfarm income official poverty line. Dirigo Health shall annually set the amount of contribution.
Beginning January 1, 2012, Dirigo Health shall transfer funds as necessary to a special dedicated, nonlapsing revenue account administered by the agency of State Government that administers MaineCare for the purpose of providing a state match for federal Medicaid services provided to individuals eligible pursuant to Title 22, section 3174-G, subsection 1, paragraph E whose nonfarm income is greater than 133% of the nonfarm income official poverty line and is below or equal to 150% of the nonfarm income official poverty line. Dirigo Health shall annually set the amount of contribution.
Sec. BBB-2. 24-A MRSA §6917, sub-§1, as enacted by PL 2009, c. 359, §4 and affected by §8, is amended to read:
Sec. BBB-3. Planning for Affordable Care Act health insurance exchange implementation report. The Board of Trustees of Dirigo Health and the Executive Director of Dirigo Health shall evaluate the impact of the changes in this Part and their implications on planning for the transition to and implementation of a health insurance exchange in this State pursuant to the federal Patient Protection and Affordable Care Act. The Board of Trustees of Dirigo Health shall report its findings and recommendations for implementation of such an exchange in this State to the Joint Standing Committee on Appropriations and Financial Affairs and to the Joint Standing Committee on Insurance and Financial Services no later than March 1, 2012.
PART CCC
Sec. CCC-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 2011-12 and 2012-13 for the acquisition of motor vehicles for the State Police. The financing arrangements entered into each fiscal year may not exceed $2,100,000 in principal costs and a financing arrangement may not exceed 3 years in duration. The interest rate may not exceed 6% 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.
PART DDD
Sec. DDD-1. Rename Motor Vehicle Contingency Account - Building program. Notwithstanding any other provision of law, the Motor Vehicle Contingency Account - Building program within the Department of the Secretary of State is renamed the Motor Vehicle Miscellaneous Revenue program.
PART EEE
Sec. EEE-1. Transfer from General Fund undedicated revenue; Callahan Mine Site Restoration, Department of Transportation. Notwithstanding any other provision of law, the State Controller shall transfer $500,000 by August 15, 2011 from the General Fund unappropriated surplus to the Callahan Mine Site Restoration, Other Special Revenue Funds program within the Department of Transportation to be used to design and implement clean-up initiatives of the Callahan Mine site.
PART FFF
Sec. FFF-1. 36 MRSA §505, sub-§4, as amended by PL 2005, c. 332, §12, is further amended to read:
PART GGG
Sec. GGG-1. Transfers from available fiscal year 2010-11 Other Special Revenue Funds balances to General Fund - Professional and Financial Regulation. At the close of fiscal year 2010-11, the State Controller shall transfer $3,000,000 from available balances in Other Special Revenue Funds accounts within the Department of Professional and Financial Regulation to the General Fund unappropriated surplus. On or before June 30, 2011, the Commissioner of Professional and Financial Regulation shall determine from which accounts the funds will be transferred so that the sum equals $3,000,000 and notify the State Controller and the Joint Standing Committee on Appropriations and Financial Affairs of the amounts to be transferred from each account.
Sec. GGG-2. Transfers from available fiscal year 2012-13 Other Special Revenue Funds balances to General Fund - Professional and Financial Regulation. At the close of fiscal year 2012-13, the State Controller shall transfer $1,000,000 from available balances in Other Special Revenue Funds accounts within the Department of Professional and Financial Regulation to the General Fund unappropriated surplus. On or before June 30, 2013, the Commissioner of Professional and Financial Regulation shall determine from which accounts the funds will be transferred so that the sum equals $1,000,000 and notify the State Controller and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs of the amounts to be transferred from each account.
PART HHH
Sec. HHH-1. 4 MRSA §28, as enacted by PL 2009, c. 213, Pt. QQ, §2, is amended to read:
The judicial branch may credit 4%, up to a maximum of $300,000 per fiscal year , of fee revenue collected pursuant to administrative orders of the court to a nonlapsing Other Special Revenue Funds account to support the capital expenses of the judicial branch. If the fee revenue from the judicial branch is less than the amount budgeted as undedicated fee revenue for the General Fund, the amount credited to the Other Special Revenue Funds account during the fiscal year must be reduced by a percentage equal to the percentage by which General Fund undedicated fee revenue is under budget.
PART III
Sec. III-1. 1 MRSA §521, sub-§2, as amended by PL 1977, c. 696, §11, is further amended to read:
PART JJJ
Sec. JJJ-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 $43,000,000 on June 30, 2012 from Other Special Revenue Funds to the unappropriated surplus of the General Fund. On July 1, 2012, the State Controller shall transfer $43,000,000 from the General Fund unappropriated surplus to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance.
PART KKK
Sec. KKK-1. Streamline and Prioritize Core Government Services Task Force established. The Commissioner of Administrative and Financial Services shall establish the Streamline and Prioritize Core Government Services Task Force, referred to in this Part as "the task force."
Sec. KKK-2. Task force membership. Notwithstanding Joint Rule 353, the task force consists of the following 12 members:
1. The Commissioner of Administrative and Financial Services or the commissioner's designee, who serves as chair of the task force;
2. Two members representing Maine for-profit businesses, appointed by the Governor;
3. Two members representing Maine not-for-profit agencies, appointed by the Governor;
4. One member representing a higher educational institution of Maine, appointed by the Governor;
5. Four members of the Joint Standing Committee on Appropriations and Financial Affairs jointly appointed by the committee chairs, at least one member representing the Senate and 2 members representing the party with the largest number of members in the committee from either the House of Representatives or the Senate and 2 members representing the party with the second largest number of members in the committee from either the House of Representatives or the Senate; and
6. Two members of the public at large, appointed by the Governor.
Sec. KKK-3. Convening of task force. The task force shall convene no later than September 1, 2011.
Sec. KKK-4. Duties. The task force shall undertake a comprehensive analysis of departments and agencies within the executive branch, offices of the constitutional officers, the Department of Audit and independent agencies statewide with the goals of prioritizing services provided by government agencies, consolidating functions and eliminating duplication and inefficiencies in programs, contracted personal services, state travel policies and advertising and public notice policies. In carrying out its duties, the task force shall investigate and identify major sources of administrative excess, redundancy and inefficiency and program overlap with other state, local or federal programs. The task force shall identify any positions that should be reduced, eliminated or consolidated to deliver optimum services in the most cost-effective manner, including positions in the unclassified service and major policy-influencing positions as set out in the Maine Revised Statutes, Title 5, chapter 71, and in contracted personal services. The task force shall develop recommendations designed to achieve a targeted spending reduction of a minimum of $25,000,000 in fiscal year 2012-13. The task force may establish subcommittees and draw on experts inside and outside of State Government.
Sec. KKK-5. Staff assistance. The Department of Administrative and Financial Services shall provide staff assistance to the task force.
Sec. KKK-6. Reports to the Joint Standing Committee on Appropriations and Financial Affairs. The task force shall submit monthly progress reports to the Joint Standing Committee on Appropriations and Financial Affairs and a report of its findings and recommendations and any necessary implementing legislation to the Joint Standing Committee on Appropriations and Financial Affairs by December 15, 2011. The committee is authorized to submit legislation to the Second Regular Session of the 125th Legislature.
Sec. KKK-7. Implementation; achievement of savings. If, after receipt and review of the recommendations presented by the task force pursuant to section 6, the Legislature fails to enact legislation in the Second Regular Session of the 125th Legislature that achieves $25,000,000 in savings, the Commissioner of Administrative and Financial Services shall make recommendations to the Governor regarding the achievement of the balance of these savings through the use of the temporary curtailment of allotment power specified in the Maine Revised Statutes, Title 5, section 1668, and the Governor is authorized to achieve those savings using that power. The State Budget Officer shall determine amounts in section 8 to be distributed by financial order upon approval of the Governor.
Sec. KKK-8. 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 reflect savings to be identified by the Streamline and Prioritize Core Government Services Task Force.
|
|
|
GENERAL FUND |
2011-12 |
2012-13 |
Unallocated
|
$0 |
($25,000,000) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
$0 |
($25,000,000) |
PART LLL
Sec. LLL-1. Tax expenditures. In accordance with the Maine Revised Statutes, Title 5, section 1666, funding is continued for each individual tax expenditure, as defined in Title 5, section 1666, reported in the budget document submitted by the Governor on February 11, 2011.
PART MMM
Sec. MMM-1. 5 MRSA §17859 is enacted to read:
Sec. MMM-2. General Fund and Highway Fund savings; transfer to Salary Plan accounts. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings from the restoration to service option established in the Maine Revised Statutes, Title 5, section 17859 that applies against each General Fund account and Highway Fund account for all executive branch departments and agencies statewide, including the Department of the Attorney General, the Department of the Secretary of State and the Department of Audit. General Fund savings amounts must be transferred to the General Fund Compensation and Benefit Plan account in the Department of Administrative and Financial Services, and Highway Fund savings must be transferred to the Highway Fund Compensation and Benefit Plan account in the Department of Administrative and Financial Services. Such transfers must be made by financial order upon the approval of the Governor.
PART NNN
Sec. NNN-1. 5 MRSA §8052, sub-§5, ¶B, as amended by PL 1993, c. 446, Pt. A, §19, is further amended to read:
B. A rule may not be adopted unless the adopted rule is consistent with the terms of the proposed rule, except to the extent that the agency determines that it is necessary to address concerns raised in comments about the proposed rule, or specific findings are made supporting changes to the proposed rule. The agency shall maintain a file for each rule adopted that must include, in addition to other documents required by this Act, testimony, comments, the names of persons who commented and the organizations they represent and information relevant to the rule and considered by the agency in connection with the formulation, proposal or adoption of a rule. If an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule. The agency may not adopt the rule for a period of 30 days from the date comments are requested pursuant to this paragraph. Notice of the request for comments must be published by the Secretary of State in the same manner as notice for proposed or adopted rules.
Sec. NNN-2. 5 MRSA §8056, sub-§1, ¶D, as enacted by PL 1981, c. 524, §12, is amended to read:
D. Publish, pursuant to the procedures set forth in section 8053, subsection 5 6, a notice containing the following information: A statement that the rule has been adopted, its effective date, a brief description of the substance of the rule, and the address where a copy may be obtained.
Sec. NNN-3. Secretary of State to develop and implement a plan for the website. The Secretary of State shall develop and implement a plan to improve the publicly accessible website used for the posting of all proposed and adopted rules to make it more user-friendly and searchable and to include archival capability. The Secretary of State shall provide a progress report to the Joint Standing Committee on State and Local Government and the Joint Standing Committee on Appropriations and Financial Affairs by January 15, 2012 on the development and implementation of the website improvements.
Sec. NNN-4. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 5 of this Part that applies against each General Fund account for all departments and agencies from savings associated with publishing adopted rule notices only on the publicly accessible website and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2011-12 and fiscal year 2012-13. The State Budget Officer shall provide a report of the transferred amounts to the Joint Standing Committee on Appropriations and Financial Affairs no later than October 1, 2012.
Sec. NNN-5. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Departments and Agencies - Statewide 0016
Initiative: Deappropriates funds to reflect savings to be realized by requiring the Secretary of State to publish adopted rule notices only on the publicly accessible website.
|
|
|
GENERAL FUND |
2011-12 |
2012-13 |
All Other
|
($116,000) |
($116,000) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($116,000) |
($116,000) |
PART OOO
Sec. OOO-1. 10 MRSA §1023-J, first ¶, as amended by PL 2003, c. 578, §8, is further amended to read:
The Agricultural Marketing Loan Fund, referred to in this section as the "fund," is created. The fund must be deposited with and maintained by the Finance Authority of Maine. The fund must be administered by the Commissioner of Agriculture, Food and Rural Resources in accordance with Title 7, chapter 101, subchapter 1-D. All money received by the Finance Authority of Maine from any source for the development and implementation of an improved agricultural marketing loan program must be credited to the fund. Any money credited to the fund from the issuance of bonds on behalf of the State for financing loans for agricultural enterprises may be used only for the following purposes: to provide assistance to agricultural enterprises in this State for the design, construction or improvement of commodity and storage buildings and packing and marketing facilities; for the purchase, construction or renovation of buildings, equipment, docks, wharves, piers or vessels used in connection with a commercial agricultural enterprise; for the purchase of land in connection with development of new cranberry acreage; for the purchase of land for irrigation reservoirs or to provide direct access to water for irrigation; for the purchase of land necessary for the start-up of a new agricultural enterprise; for the expansion of an existing agricultural enterprise when the land acquisition is necessary to comply with land use regulations; for the development of a business plan in accordance with the provisions of Title 7, section 436-A; for improvements to pastureland, including seeding and actions to promote rotational grazing; or, if the commissioner so approves at the time of loan insurance commitment, to pledge money in the fund as security for, and to apply money in the fund to, payment of principal, interest and other amounts due on any term loans insured by the Finance Authority of Maine to an eligible dairy farmer. Repayment of these loans and interest on these loans must be credited to the fund and may be used for the purposes stated in this section or Title 7, section 436. Interest earned on money in the fund and interest earned on loans made from the fund may be used to pay the administrative costs of processing loan applications and servicing and administering the fund and loans and grants made from the fund since the inception of the agricultural marketing loan program, to the extent that these costs exceed the fee for administrative costs established by Title 7, section 435, subsection 4.
PART PPP
Sec. PPP-1. 5 MRSA §937, sub-§1, ¶F, as amended by PL 2007, c. 1, Pt. D, §1, is further amended to read:
F. Director, Planning and Management Information Policy and Programs.
Sec. PPP-2. 20-A MRSA §203, sub-§1, ¶F, as amended by PL 2009, c. 571, Pt. W, §2, is further amended to read:
F. Director, Planning and Management Information Policy and Programs.
PART QQQ
Sec. QQQ-1. Elimination of vacant positions; calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings from the elimination of vacant positions in section 2 that applies against each General Fund account, Highway Fund account and All Other Funds accounts for all executive branch departments and agencies statewide, including the Department of the Attorney General, the Department of the Secretary of State and the Department of Audit, and transfer those savings and the headcount by financial order upon the approval of the Governor. These transfers are considered adjustments to authorized position count and appropriations and allocations in fiscal years 2011-12 and 2012-13 based on a report submitted to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Transportation in May 2011.
Sec. QQQ-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 the elimination of 227.267 position count representing 259 positions as a result of the review of vacant positions statewide as authorized in Public Law 2011, chapter 1, Part R, section 1. This initiative represents the General Fund share of savings from the position eliminations.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
(61.500) |
(61.500) |
POSITIONS - FTE COUNT
|
(3.808) |
(3.808) |
Personal Services
|
($3,749,197) |
($3,942,484) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($3,749,197) |
($3,942,484) |
PART RRR
Sec. RRR-1. Transfer from unappropriated surplus; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer $4,000,000 during fiscal year 2011-12 from the General Fund unappropriated surplus to the Maine Budget Stabilization Fund within the Department of Administrative and Financial Services.
Sec. RRR-2. Transfer from Unclaimed Property Fund; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer any amounts transferred from the Unclaimed Property Fund account in the Office of the Treasurer of State to the General Fund pursuant to the Maine Revised Statutes, Title 33, section 1964 at the close of the fiscal year ending June 30, 2011 that exceed $2,333,420 to the Maine Budget Stabilization Fund within the Department of Administrative and Financial Services.
PART SSS
Sec. SSS-1. Transfers to Maine Clean Election Fund. Notwithstanding the Maine Revised Statutes, Title 21-A, section 1124, subsection 2, paragraph B, the State Controller shall transfer $2,000,000, currently authorized to be transferred on or before January 1, 2013, from the General Fund to the Maine Clean Election Fund on or before September 1, 2012 in order to ensure that adequate funds will be available to the Commission on Governmental Ethics and Election Practices.
PART TTT
Sec. TTT-1. Transfer; Fund for a Healthy Maine; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $1,375,000 by June 30, 2012 and $3,240,445 by June 30, 2013 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.
PART UUU
Sec. UUU-1. 5 MRSA §1591, sub-§2, ¶A, as amended by PL 2011, c. 1, Pt. O, §1, is further amended to read:
A. Any balance remaining in the accounts of the Department of Health and Human Services, Bureau of Elder and Adult Services appropriated for the purposes of homemaker or home-based care services at the end of any fiscal year to be carried forward for use by either program in the next fiscal year; and
Sec. UUU-2. 5 MRSA §1591, sub-§2, ¶B as enacted by PL 2011, c. 1, Pt. O, §2, is amended to read:
B. Any balance remaining in the Traumatic Brain Injury Seed program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year . ; and
Sec. UUU-3. 5 MRSA §1591, sub-§2, ¶C is enacted to read:
C. Any balance remaining in the General Fund account of the Department of Health and Human Services, Bureau of Medical Services appropriated for All Other line category expenditures at the end of any fiscal year to be carried forward for use in the next fiscal year.
PART VVV
Sec. VVV-1. Standardized room and board rates; children's private nonmedical institution services; revision of agency rules. The Department of Health and Human Services shall revise its rules to standardize the room and board rates paid to providers of children's private nonmedical institution services. These rate changes must maintain costs within existing resources. In standardizing rates, the department shall consider room and board costs that are influenced by the acuity of the needs of the child and cost of care, the size of the private nonmedical institution and cost factors that vary by region of the State. In the process of developing standardized rates, the department shall include representatives of providers of private nonmedical institution services from across the State, from a variety of types of service and from small, medium and large facilities. Rules adopted pursuant to this section are major substantive rules as required by the Maine Revised Statutes, Title 22, section 3174-Z. Rules adopted pursuant to this section may not take effect prior to February 1, 2012.
PART WWW
Sec. WWW-1. 2 MRSA §6, sub-§3, as repealed and replaced by PL 2005, c. 683, Pt. A, §2, is amended to read:
Sec. WWW-2. 2 MRSA §10 is enacted to read:
Sec. WWW-3. Review of statewide communications functions to improve efficiency and cost-effectiveness. The Director of the Governor's Office of Communications, established in the Maine Revised Statutes, Title 2, section 10, shall conduct a statewide review of positions currently responsible for communications internal and external to state departments and agencies in order to identify positions for transfer to the Governor's Office of Communications. To assist with this review, the director shall use staff resources from the Department of Administrative and Financial Services, Bureau of the Budget and Bureau of Human Resources and must be provided staff resources from personnel of other agencies. The director is authorized to identify savings and position eliminations to the General Fund and other funds from the improvements identified from the review. Notwithstanding any other provision of law, the State Budget Officer shall transfer position counts and available balances by financial order upon approval of the Governor. These transfers are considered adjustments to authorized position count, appropriations and allocations in fiscal years 2011-12 and 2012-13. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred positions and amounts no later than October 1, 2011.
Sec. WWW-4. Transition. Notwithstanding any other provision of law, employees of departments or agencies within the State who were employees immediately prior to the effective date of this Part retain all their employee rights, privileges and benefits, including sick leave, vacation and seniority, provided under the Civil Service Law, collective bargaining agreements and current state personnel policies. The Department of Administrative and Financial Services, Bureau of Human Resources shall provide assistance to the affected departments and agencies and shall assist with the orderly implementation of this Part.
PART XXX
Sec. XXX-1. 22 MRSA §3187, last ¶, as enacted by PL 2003, c. 684, §1, is amended to read:
Rules regarding principles of reimbursement for intermediate care facilities for the mentally retarded adopted pursuant to section 3173 are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A , except that rules adopted to establish an approval process for capital expenditures to renovate or construct intermediate care facilities for the mentally retarded are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART YYY
Sec. YYY-1. Lapse available balance. Notwithstanding any other provision of law, at the close of fiscal year 2010-11, the State Controller shall lapse $2,800,000 from the General Purpose Aid for Local Schools General Fund account within the Department of Education representing fiscal year 2010-11 excess funding for state wards and state agency clients to the unappropriated surplus of the General Fund.
PART ZZZ
Sec. ZZZ-1. Implementation of recommendations of natural resources agency task force. By February 15, 2012, the Governor shall implement recommendations of the 2008 plan developed by the natural resources agency task force appointed by the Governor to implement Public Law 2007, chapter 539, Part YY, section 2 to:
1. Execute a memorandum of understanding between the Department of Inland Fisheries and Wildlife and the Department of Conservation on a system of unified management of all state boat launch facilities under their jurisdictions;
2. Develop a plan for collocating natural resources agencies and staff currently located in various regional offices to increase communication and collaboration; and
3. Develop a plan for a rational alignment of districts for natural resources agencies to increase communication and collaboration among staff members and between agencies and the local government and citizens of those districts.
Sec. ZZZ-2. Report. By February 15, 2012, the Commissioner of Conservation and the Commissioner of Inland Fisheries and Wildlife shall provide a copy of the memorandum of understanding executed under section 1, subsection 1 to the Joint Standing Committee on Appropriations and Financial Affairs. By February 15, 2012, the Commissioner of Conservation, the Commissioner of Inland Fisheries and Wildlife, the Commissioner of Agriculture, Food and Rural Resources, the Commissioner of Environmental Protection and the Commissioner of Marine Resources shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report on the plans developed under section 1, subsections 2 and 3.
PART AAAA
Sec. AAAA-1. Judicial Department to coordinate drug court efforts. The Judicial Department shall coordinate drug court efforts within existing General Fund resources and authorized headcount. This activity was previously supported with a Fund for a Healthy Maine allocation, which was eliminated in Part A of this Act.
PART BBBB
Sec. BBBB-1. Transfer to General Fund; Accident, Sickness and Health Insurance Internal Service Fund. Notwithstanding any other provision of law, the State Controller shall transfer $1,900,000 representing the General Fund and Other Special Revenue Funds shares from the Accident, Sickness and Health Insurance Internal Service Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund no later than June 30, 2012. The State Controller also shall transfer the equitable excess reserves as required by state law or federal regulations by June 30, 2012.
PART CCCC
Sec. CCCC-1. 36 MRSA §5142, sub-§8-A, as enacted by PL 2005, c. 332, §22 and affected by §30, is repealed.
Sec. CCCC-2. 36 MRSA §5142, sub-§8-B is enacted to read:
Sec. CCCC-3. 36 MRSA §5220, sub-§2, as amended by PL 2005, c. 332, §23, is further amended to read:
Sec. CCCC-4. Application. This Part applies to tax years beginning on or after January 1, 2011.
PART DDDD
Sec. DDDD-1. 36 MRSA §1752, sub-§11-A is enacted to read:
Sec. DDDD-2. 36 MRSA §1760, sub-§6, ¶E, as amended by PL 2011, c. 240, §17, is further amended to read:
E. Served by a college to its employees if the meals are purchased with debit cards issued by the college; and
Sec. DDDD-3. 36 MRSA §1760, sub-§6, ¶F, as amended by PL 2009, c. 211, Pt. B, §30, is further amended to read:
F. Served by youth camps licensed by the Department of Health and Human Services and defined in Title 22, section 2491, subsection 16 . ; and
Sec. DDDD-4. 36 MRSA §1760, sub-§6, ¶G is enacted to read:
G. Served by a retirement facility to its residents when participation in the meal program is a condition of occupancy or the cost of the meals is included in or paid with a comprehensive fee that includes the right to reside in a residential dwelling unit and meals or other services, whether that fee is charged annually, monthly, weekly or daily.
Sec. DDDD-5. Retroactivity. This Part applies retroactively to tax years beginning on or after January 1, 2010.
Sec. DDDD-6. Effective date. This Part takes effect October 1, 2011.
PART EEEE
Sec. EEEE-1. 36 MRSA §2013, sub-§2, as amended by PL 2001, c. 396, §24, is further amended to read:
Sec. EEEE-2. 36 MRSA §2013, sub-§3, as amended by PL 2001, c. 396, §24, is further amended to read:
Sec. EEEE-3. Application. This Part applies to purchases of fuel for use in a commercial fishing vessel on or after October 1, 2011.
PART FFFF
Sec. FFFF-1. 36 MRSA §1760, sub-§93 is enacted to read:
Sec. FFFF-2. Retroactivity. This Part applies retroactively to January 1, 2004.
PART GGGG
Sec. GGGG-1. 36 MRSA §1760, sub-§23-C, ¶C, as amended by PL 2005, c. 618, §2 and affected by §5, is further amended to read:
C. Aircraft , if the property is an aircraft not exempted under subsection 88-A; and
Sec. GGGG-2. 36 MRSA §1760, sub-§45, ¶A-3, as amended by PL 2007, c. 691, §1 and affected by §2, is further amended to read:
A-3. If the property is an aircraft not exempted under subsection 88 or 88-A and the owner at the time of purchase was a resident of another state or tax jurisdiction and the aircraft is present in this State not more than 20 days during the 12 months following its purchase, exclusive of days during which the aircraft is in this State for the purpose of undergoing "major alterations," "major repairs" or "preventive maintenance" as those terms are described in 14 Code of Federal Regulations, Appendix A to Part 43, as in effect on January 1, 2005. For the purposes of this paragraph, the location of an aircraft on the ground in the State at any time during a day is considered presence in the State for that entire day, and a day must be disregarded if at any time during that day the aircraft is used to provide free emergency or compassionate air transportation arranged by an incorporated nonprofit organization providing free air transportation in private aircraft by volunteer pilots so children and adults may access life-saving medical care; or
Sec. GGGG-3. 36 MRSA §1760, sub-§88-A is enacted to read:
PART HHHH
Sec. HHHH-1. 5 MRSA §13070-J, sub-§1, ¶D, as amended by PL 2009, c. 337, §5, is further amended to read:
D.
"Economic development incentive" means federal and state statutorily defined programs that receive state funds, dedicated revenue funds and tax expenditures as defined by section 1666 whose purposes are to create, attract or retain business entities related to business development in the State, including but not limited to:
(1) Assistance from Maine Quality Centers under Title 20-A, chapter 431-A;
(2) The Governor's Training Initiative Program under Title 26, chapter 25, subchapter 4;
(3) Municipal tax increment financing under Title 30-A, chapter 206;
(4) The jobs and investment tax credit under Title 36, section 5215;
(5) The research expense tax credit under Title 36, section 5219-K;
(6) Reimbursement for taxes paid on certain business property under Title 36, chapter 915;
(7) Employment tax increment financing under Title 36, chapter 917;
(8) The shipbuilding facility credit under Title 36, chapter 919;
(9) The credit for seed capital investment under Title 36, section 5216-B; and
(10) The credit for pollution-reducing boilers under Title 36, section 5219-Z . ; and
(11) The credit for Maine fishery infrastructure investment under Title 36, section 5216-D.
Sec. HHHH-2. 12 MRSA c. 903, sub-c. 8 is enacted to read:
SUBCHAPTER 8
MAINE FISHERY INFRASTRUCTURE TAX CREDIT PROGRAM
Sec. HHHH-3. 36 MRSA §5216-D is enacted to read:
PART IIII
Sec. IIII-1. Personal Services balances authorized to carry; Department of Corrections. Notwithstanding any other provision of law, the Department of Corrections is authorized to carry up to $1,112,240 of fiscal year 2010-11 year-end balances in the Personal Services line category of General Fund accounts to fiscal year 2011-12 to be used for the purpose of paying the retroactive costs of the reclassifications, range changes and approved bargaining unit changes included in Part A of this Act. These balances may be transferred by financial order to the accounts from which these retroactive costs will be expended upon the recommendation of the State Budget Officer and approval of the Governor.
Sec. IIII-2. Position eliminations; Department of Corrections. No later than August 1, 2011, the Department of Corrections shall identify positions for elimination to achieve General Fund savings that are equal to or greater than the amount deappropriated from the Departmentwide - Corrections General Fund account in section 3. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings that applies against each account in the Department of Corrections and is authorized to transfer authorized headcount and Personal Services savings by financial order upon the approval of the Governor. These transfers are considered adjustments to authorized headcount and appropriations.
Sec. IIII-3. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
Departmentwide - Corrections Z096
Initiative: Reduces funding to offset the cost of reclassifications, range changes and bargaining unit changes included in several programs in Part A.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
($287,739) |
($295,926) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($287,739) |
($295,926) |
PART JJJJ
Sec. JJJJ-1. Transfer; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer $29,700,000 from the Maine Budget Stabilization Fund in the Department of Administrative and Financial Services to General Fund unappropriated surplus by the close of fiscal year 2011-12 to offset a General Fund revenue shortfall.
PART KKKK
Sec. KKKK-1. Review of alternative sources of funding for emergency broadcast alerts. The Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency, in consultation with the Commissioner of Administrative and Financial Services, shall research the potential for federal funds to fund the cost of providing emergency broadcast alerts to the citizens of the State through the Maine Public Broadcasting Network. The agency shall report its findings on available federal resources no later than January 2, 2012 to the Joint Standing Committee on Criminal Justice and Public Safety and the Joint Standing Committee on Appropriations and Financial Affairs.
PART LLLL
Sec. LLLL-1. 37-B MRSA §1151, sub-§8, as enacted by PL 1997, c. 742, §2, is amended to read:
Sec. LLLL-2. 37-B MRSA §1151, sub-§§9 to 11 are enacted to read:
Sec. LLLL-3. Transfer from General Fund unappropriated surplus; Bureau of Maine Veterans' Services, Fund for Women Veterans, Department of Defense, Veterans and Emergency Management. Notwithstanding any other provision of law, the State Controller shall transfer $20,000 by July 15, 2011 and $12,500 by July 15, 2012 from General Fund unappropriated surplus to the Bureau of Maine Veterans' Services, Fund for Women Veterans, Other Special Revenue Funds account within the Department of Defense, Veterans and Emergency Management.
PART MMMM
Sec. MMMM-1. Calculation and transfer; General Fund; Office of Information Technology. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in this Part from a decrease in charges made to the Department of Administrative and Financial Services, Office of Information Technology for its services that applies against each General Fund account for departments and agencies statewide. 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 2011-12 and 2012-13. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts not later than January 15, 2012.
Sec. MMMM-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 savings from implementing a decrease in charges made to the Department of Administrative and Financial Services, Office of Information Technology for its services. The savings to the Office of Information Technology are freezing merit and longevity payments and changes to pension and health insurance.
GENERAL FUND |
2011-12 |
2012-13 |
All Other
|
($220,938) |
($346,148) |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
($220,938) |
($346,148) |
PART NNNN
Sec. NNNN-1. Transfer; Other Special Revenue Funds; Office of Public Advocate; State Nuclear Safety Advisor; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $55,621 from available balances in the State Nuclear Safety Advisor, Other Special Revenue Funds account within the Office of the Public Advocate to the unappropriated surplus of the General Fund by June 30, 2012.
Sec. NNNN-2. Transfer; Other Special Revenue Funds; Office of Public Advocate; Railroad Freight Services Quality Fund; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $20,453 from available balances in the Railroad Freight Service Quality Fund, Other Special Revenue Funds account within the Office of the Public Advocate to the unappropriated surplus of the General Fund by June 30, 2012.
PART OOOO
Sec. OOOO-1. Judicial branch report on electronic filing. The judicial branch shall develop a plan to implement electronic filing for civil docket cases. The judicial branch shall submit the plan along with an estimate of the cost to implement electronic filing in civil docket cases to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Judiciary no later than February 1, 2012.
Sec. OOOO-2. Judicial branch report on audio broadcast. The judicial branch shall develop a plan to provide an audio broadcast of Law Court oral arguments. The judicial branch shall submit the plan along with an estimate of the cost to implement and maintain audio broadcasts of Law Court oral arguments to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Judiciary no later than February 1, 2012.
PART PPPP
Sec. PPPP-1. 28-A MRSA §606, sub-§2, as amended by PL 2005, c. 539, §6, is further amended to read:
PART QQQQ
Sec. QQQQ-1. 3 MRSA §2, first ¶, as amended by PL 2009, c. 213, Pt. LL, §1, is further amended to read:
Each member of the Senate and House of Representatives, beginning with the first Wednesday of December 2000 and thereafter, is entitled to $10,815 in the first year and $7,725 in the 2nd year of each biennium, except that if a Legislator who is a recipient of retirement benefits from the federal Social Security Administration files a written request with the Executive Director of the Legislative Council within one week after the biennium commences, the Legislator is entitled to $9,270 in each year of the biennium. Each member of the Senate and the House of Representatives must receive a cost-of-living adjustment in annual legislative salary, except that the percentage increase may not exceed 5% in any year , and except that the percentage increase may not exceed 3% beginning with the fiscal year ending June 30, 2014. Beginning December 1, 2001, the salary for each legislative session must be adjusted each December 1st by the percentage change in the Consumer Price Index for the most recently concluded fiscal year; except that no member of the Senate or the House of Representatives may receive a cost-of-living adjustment in annual legislative salary for the Second Regular Session of the 124th Legislature , and except that no member of the Senate or the House of Representatives may receive a cost-of-living adjustment in annual legislative salary for the Second Regular Session of the 125th Legislature and the First Regular Session and the Second Regular Session of the 126th Legislature, and any percentage change in the Consumer Price Index for the fiscal years ending June 30, 2011, June 30, 2012 and June 30, 2013 may not be applied to the base salary. In addition, each Legislator is entitled to be paid for travel at each legislative session once each week at the same rate per mile to and from that Legislator's place of abode as state employees receive, the mileage to be determined by the most reasonable direct route, except that Legislators may be reimbursed for tolls paid for travel on the Maine Turnpike as long as they have a receipt for payment of the tolls, such tolls to be reimbursed when Legislators use the Maine Turnpike in traveling to and from sessions of the Legislature or in performance of duly authorized committee assignments. Each Legislator is entitled to mileage on the first day of the session, and those amounts of salary and expenses at such times as the Legislature may determine during the session, and the balance at the end of the session.
Sec. QQQQ-2. Legislative account; lapsed balances; Legislature, General Fund. Notwithstanding any other provision of law, $36,677 of unencumbered balance forward in the Personal Services line category and $65,800 in the All Other line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. These balances will be available as a result of reducing the length of the Second Regular Session of the 125th Legislature by one week. Additionally, $38,102 of unencumbered balance forward in the Personal Services line category and $65,800 in the All Other line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available as a result of reducing the length of the First Regular Session of the 126th Legislature by one week.
Notwithstanding any other provision of law, $593,672 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. In addition, $87,305 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available from health insurance savings resulting from those Legislators who decline health insurance coverage.
Notwithstanding any other provision of law, $1,777,681 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12.
Notwithstanding any other provision of law, $192,700 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. In addition, $526,512 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available as a result of implementing Personal Services cost-savings measures determined by the Legislative Council.
Sec. QQQQ-3. Legislative account; lapsed balances; Law and Legislative Reference Library, General Fund. Notwithstanding any other provision of law, $76,209 of unencumbered balance forward in the Personal Services line category in the Law and Legislative Reference Library, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12.
Notwithstanding any other provision of law, $11,235 of unencumbered balance forward in the Personal Services line category in the Law and Legislative Reference Library, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. In addition, $31,777 of unencumbered balance forward in the Personal Services line category in the Law and Legislative Reference Library, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available as a result of implementing Personal Services cost-savings measures determined by the Legislative Council.
Sec. QQQQ-4. Legislative account; lapsed balances; Office of Program Evaluation and Government Accountability, General Fund. Notwithstanding any other provision of law, $164,030 of unencumbered balance forward in the Personal Services line category and $50,000 in the All Other line category in the Office of Program Evaluation and Government Accountability, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12.
Notwithstanding any other provision of law, $17,440 of unencumbered balance forward in the Personal Services line category in the Office of Program Evaluation and Government Accountability, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. In addition, $44,852 of unencumbered balance forward in the Personal Services line category in the Office of Program Evaluation and Government Accountability, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available as a result of implementing Personal Services cost-savings measures determined by the Legislative Council.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.’
This Part makes appropriations and allocations of funds for the 2012-2013 biennium.
This Part makes appropriations and allocations of funds for approved reclassifications and range changes.
This Part establishes the total cost of education from kindergarten to grade 12 for fiscal year 2011-12, the state contribution and the annual target state share percentage. It also authorizes the Commissioner of Education to provide funding to the Center of Excellence for At-risk Students.
This Part revises several amounts to reflect updated appropriation levels. It also includes General Fund appropriations for teacher retirement, retired teachers' health insurance and retired teachers' life insurance in the annual targets for the state share percentage of the total cost of funding public education from kindergarten to grade 12.
This Part continues the voluntary employee incentive program during the 2012-2013 biennium and recognizes the resulting savings. It provides for the lapsing of $350,000 in savings to the General Fund in fiscal years 2011-12 and 2012-13.
This Part continues for 2 years the pay freeze by denying the awarding of merit pay to employees in the various departments and agencies within the executive branch, including the constitutional officers and the Department of Audit, the legislative branch and the judicial branch during the 2012-2013 biennium. It maintains longevity payments for employees eligible for a longevity payment on June 30, 2011 at the rate in effect on that date during the 2012-2013 biennium. It provides that employees that are not eligible for a longevity payment on June 30, 2011 may not be granted one during the period from July 1, 2011 to June 30, 2013. The savings in this Part may be replaced by other Personal Services savings by agreement of the State and the bargaining agents representing state employees. This Part also requires the State Budget Officer to calculate the amount of savings in this Part that applies against each General Fund account for all departments and agencies from savings associated with merit pay and longevity pay changes and to transfer the amounts by financial order upon the approval of the Governor.
This Part recognizes an increase in the attrition rate from 1.6% to 5.0% for the 2012-2013 biennium for judicial branch and executive branch departments and agencies only, whose baseline budgets for Personal Services were developed using a 5% attrition factor.
This Part increases the transfer of revenue from the tax on certain automobile rentals to the STAR Transportation Fund from 50% to 100% beginning in fiscal year 2012-13.
This Part authorizes the Department of Administrative and Financial Services to enter into financing arrangements for the acquisition of motor vehicles for the Central Fleet Management Division with an interest rate not exceeding 6%.
This Part continues into fiscal years 2011-12 and 2012-13 the reductions to revenue sharing accomplished by fixed dollar amount transfers back to the General Fund after the calculation of the 5% share of the prior month's income and sales tax collections. This process for reducing revenue sharing, while maintaining the "revenue sharing" aspect of the program, was first implemented beginning in fiscal year 2009-10. The fixed amounts in the 2012-2013 biennium are designed to achieve a total budgeted transfer amount for the revenue-sharing programs of $94,000,000 in each fiscal year.
This Part amends certain uniform administrative provisions of Title 36. The changes provide that regular tax assessments and certain other notices may be sent by regular first-class mail, rather than by certified mail. It also increases from 30 to 60 days the time limit for requesting administrative reconsideration of a tax assessment or other determination of the State Tax Assessor.
This Part reduces the amount of penalties imposed for failure to file a tax return after the taxpayer receives a formal demand that the return be filed.
This Part clarifies that in addition to a taxpayer establishing that reasonable cause exists for waiver or abatement of certain tax penalties, the penalties must also be waived if the State Tax Assessor determines that grounds constituting reasonable cause are otherwise apparent.
This Part provides that, with respect to the estate tax for estates of decedents dying after December 31, 2012, there is an exclusion amount of $2,000,000 and provides a progressive rate structure of 8% for estates of more than $2,000,000 but less than or equal to $5,000,000, 10% for estates of more than $5,000,000 but less than or equal to $8,000,000 and 12% for estates of more than $8,000,000. For estates of decedents dying on or after January 1, 2012, it provides conformance with federal law with respect to the treatment of Maine qualified terminable interest property. It also clarifies provisions related to the estates of nonresidents.
This Part does the following.
1. It provides a new individual income tax rate schedule that contains 6.5% and 7.95% tax rates, effective for tax years beginning on or after January 1, 2013.
2. It conforms the Maine standard deduction amounts to the federal amounts, effective for tax years beginning on or after January 1, 2012.
3. It repeals the exclusion of mortgage insurance premiums from Maine itemized deductions, effective for tax years beginning on or after January 1, 2012.
4. It conforms the Maine personal exemption amount to the federal amount, effective for tax years beginning on or after January 1, 2013.
5. It eliminates the Maine alternative minimum tax on individuals, effective for tax years beginning on or after January 1, 2012.
6. It reduces the lump-sum retirement plan distribution tax and the early distribution from retirement plan tax by half for tax years beginning in 2012 and eliminates these taxes for tax years beginning on or after January 1, 2013.
7. It eliminates the lump-sum retirement plan distribution tax and the early distribution from retirement plan tax, effective for tax years beginning on or after January 1, 2013.
This Part repeals the income tax addition modifications related to the federal Section 179 business expensing thresholds for tax years beginning on or after January 1, 2011 and provides a credit equal to 10% of the federal bonus depreciation on property placed in service in Maine during tax years beginning in 2011 and 2012, excluding certain utility and telecommunications property. The credit is limited to the tax liability of the taxpayer, and any unused portion may be carried forward up to 20 years. The credit is recaptured if the underlying property is not utilized in Maine for the 12-month period following the date the property is placed in service.
This Part amends the Circuitbreaker Program to limit the amount of the benefit to 80% of the amount of the benefit that would otherwise be available for application periods beginning in 2011 and 2012.
This Part enacts the Maine New Markets Capital Investment Program, which is modeled after the federal tax credit to attract investment in economically distressed areas. It provides a refundable credit taken over 7 years equal to 39% of qualified investments for which a maximum aggregate amount of tax credit of $250,000 is authorized. The credit amounts are 0% for the first 2 years, 7% in the 3rd year and 8% in the last 4 years. The credit can be carried forward.
The Part requires the Finance Authority of Maine to develop a process for qualified community development entities to apply for allocation of the Maine credit, to certify the qualified investments and to engage in rulemaking to implement the program. It requires the Commissioner of Administrative and Financial Services to enter into a memorandum of agreement with the investors eligible for the credit. The Department of Administrative and Financial Services, Bureau of Revenue Services processes the credits through tax returns and executes the recapture of the credit as needed. The Part requires the Finance Authority of Maine to report, no later than January 1, 2015, to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and over taxation matters on the activities and performance of the program.
This Part requires the State Budget Officer to calculate the amount of savings that applies to each General Fund account for all departments and agencies from savings from improvements in contracting with vendors and the use of procurement cards and to transfer the amounts by financial order upon the approval of the Governor.
This Part directs the Commissioner of Administrative and Financial Services to begin the process to open competitive bidding for the extension of the privatization of the wholesale liquor business in Maine in order to conclude the process at least one year before the conclusion of the existing contract. The new contract award must require an advance payment of $20,000,000 due at the time of the award of the contract, which would accrue to the General Fund prior to June 20, 2013. The remainder of the payments under the contract would be set up as a combination of guaranteed fixed annual payments due at the beginning of each fiscal year over the life of the contract. The final set of payments represents a share of the profits due at the end of each fiscal year. The share of the profits would accrue to the General Fund and would be due at the end of each fiscal year based on the profits of the prior calendar year. The guaranteed fixed annual payments would be due at the beginning of each fiscal year in which the contract is in effect and would be allocated for the following purposes:
1. The revolving loan fund for drinking water systems and revolving loan fund for wastewater treatment facilities receive 15% or the maximum amount for which matching funds are available, whichever is less;
2. Department of Transportation highway preservation and rehabilitation projects receive 20%;
3. The General Fund receives 35%; and
4. The Maine Budget Stabilization Fund receives 30% plus any amount not allocated to the drinking water and wastewater revolving loan programs.
This Part reduces the cap on cost-of-living increases on the retirement benefit for members of the State Employee and Teacher Retirement Program, the Judicial Retirement Program and the Legislative Retirement Program from 4% to 3% effective January 1, 2014. It also limits the amount of retirement benefits subject to a cost-of-living adjustment to the first $20,000, which is to be indexed. It also requires that retirement benefits for members of these retirement programs may not be adjusted in September 2011, September 2012 or September 2013. It requires the State Budget Officer to calculate the savings and transfer the amounts by financial order upon approval of the Governor.
This Part increases the normal retirement age for legislative, judicial, state employee and teacher members of the Maine Public Employees Retirement System who have fewer than 5 years of service on July 1, 2011 to 65 years of age. It requires the State Budget Officer to calculate the savings and transfer the amounts by financial order upon approval of the Governor.
This Part also requires the Executive Director of the Maine Public Employees Retirement System to notify the State Controller of the total cost of providing a payment to retirees that would otherwise have been eligible for a cost-of-living adjustment but for the operation of the suspension of the annual cost-of-living adjustments. The benefit calculation is equal to the annual benefit payments up to a maximum of $20,000 for the year ending on August 31st times the annual change in the Consumer Price Index of the previous June, up to a maximum of 3% but no less than 0%. Total additional retirement payments may be awarded only up to the amount paid to the Maine Public Employees Retirement System, which is determined by balances in the reserve account. If the annual transfer amount is insufficient to fund the full benefit as calculated, the benefits are reduced proportionally to stay within the amounts available for transfer. This is a noncumulative benefit payment that is separate from other retirement benefits.
This Part also provides that the Board of Trustees of the Maine Public Employees Retirement System shall in 2011 award a cost-of-living adjustment to retirees of the Legislative Retirement Program, the Judicial Retirement Program and the State Employee and Teacher Retirement Program equal to the amount required to achieve cost-neutrality. The board shall award this cost-of-living adjustment only if the Consumer Price Index is at a level sufficient to allow for the adjustment; there is no increase in member benefits; there is no additional cost to the State; and there is no increase in the plans' unfunded actuarial liability.
This Part establishes a working group under the Executive Director of the Maine Public Employees Retirement System to develop an implementation plan designed to close the current defined benefit retirement plan for all state employees and teachers and replace it with a retirement benefit plan, supplemental to Social Security, that applies to all state employees and teachers who are first hired after June 30, 2015 with no prior creditable service.
This Part amends the statutory provisions pertaining to state employee retiree health insurance. Specifically this Part:
1. Changes the vesting period for retiree health benefits for those persons first employed by the State on or after July 1, 2011 to 10 years and changes the state share of premiums for those individuals;
2. Requires state employees who retire on or after January 1, 2012, or state employees employed as teachers in the unorganized territory or the Maine Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf who retire on or after July 1, 2012, to pay 100% of the health care premium until they reach normal retirement age.
3. Caps the total premium cost for fiscal years 2011-12 and 2012-13 at the fiscal year 2010-11 levels.
4. Clarifies that the changes proposed for the state employee retiree health insurance do not apply to individuals receiving disability retirement benefits.
5. Requires the Executive Director of Employee Health and Benefits within the Department of Administrative and Financial Services to report to the Joint Standing Committee on Appropriations and Financial Affairs with a plan to constrain the growth in health insurance premiums in the future.
This Part amends the statutory provisions pertaining to retired teacher health insurance. Specifically, this Part:
1. Eliminates the requirement that retired teachers who are eligible for Medicare be enrolled in the program administered for state employees;
2. Requires teachers first hired after July 1, 2011 to have 10 years of service to qualify for a retiree health benefit;
3. Caps the State's cost for retired teachers' health insurance premiums for fiscal years 2011-12 and 2012-13 at fiscal year 2010-11 levels. It also eliminates the cap increases in subsequent years to 4% each year;
4. Provides that the State shall begin paying the percentage of a retired teacher member's share of health insurance premium costs when the teacher reaches normal retirement age except for those individuals receiving disability retirement benefits; and
5. Requires the Executive Director of the Division of Employee Health and Benefits within the Department of Administrative and Financial Services to report to the Joint Standing Committee on Appropriations and Financial Affairs on or before January 1, 2012 with an implementation plan to bring Medicare-eligible teachers into the state retiree group health plan.
This Part adds a new reserve from the unappropriated surplus of the General Fund at the close of the 3 fiscal years ending June 30, 2012, June 30, 2013 and June 30, 2014, also known as a new "cascade" transfer, to set aside up to $15,000,000 each year for the payment of noncumulative cost-of-living adjustments related to the 3 years in which the cost-of-living adjustments are suspended in Part T. This transfer from available balances in the unappropriated surplus would be the 3rd priority after transfers to the State Contingent Account and the Loan Insurance Reserve, but before the remaining distributions to various other cascade reserves expressed as a percentage of the remaining available balance in the unappropriated surplus. At the close of fiscal year 2014-15, any amounts remaining in the reserve for retirement benefits will be transferred by the State Controller to the Maine Budget Stabilization Fund.
This Part creates an irrevocable trust fund for other post-employment benefits for retired teachers and first responders and requires the State to begin prefunding of the liability for first responders as of July 1, 2011 and retired teachers as of July 1, 2013.
This Part authorizes the Commissioner of Administrative and Financial Services to implement a new employee retirement incentive program designed to encourage employees who are otherwise eligible to retire to do so. It requires the State Budget Officer to calculate the savings and transfer the amounts by financial order upon approval of the Governor. It requires that the vacated positions remain vacant through June 30, 2013.
This Part authorizes the Commissioner of Corrections to transfer All Other funds by financial order between accounts within the same fund for the purposes of paying food, heating and utility expenses.
This Part authorizes the Department of Corrections to transfer by financial order Personal Services, All Other and Capital Expenditures funding between accounts within the same fund for the purposes of paying departmental overtime expenses.
This Part requires that financial orders made to achieve organizational improvements to the Department of Corrections be submitted to the Office of Fiscal and Program Review 30 days before the transfers are implemented.
This Part requires the Commissioner of Corrections to review the current organizational structure to improve organizational efficiency and cost-effectiveness, and it authorizes the State Budget Officer to transfer positions and available balances by financial order. This Part also specifies that any change in the current organizational structure of the Department of Corrections that would result in a program or mission change or facility closure must be reported to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters for review before the change may be implemented by financial order.
This Part clarifies that the Maine Learning Technology Initiative program, which currently includes grades 7 and 8, also includes grades 9 to 12, provides for a competitive bidding process to select the research institute that performs required research and requires the Commissioner of Education to conduct an annual comprehensive review of the program and provide annual reports to the Legislature.
This Part removes the requirement to establish a school nurse consultant position from the Department of Health and Human Services and places it within the Department of Education. The amendment also fixes a cross-reference.
This Part establishes the Statewide Capital Equipment Fund. Any appropriations provided to the fund must be used for emergency capital equipment purchases. Departments and agencies requiring funds must submit a request to the Commissioner of Administrative and Financial Services. When a request is approved, funds may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor.
This Part establishes a working group to develop proposed legislation that transfers personnel, position counts and responsibilities from the Executive Department, State Planning Office to other departments or agencies in State Government.
This Part does the following.
1. It changes the number of aircraft engines the Department of Inland Fisheries and Wildlife may purchase each year of the biennium from 2 to one.
2. It authorizes a one-time transfer of $15,347 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to fund the retroactive portion of the position reclassification of one Supervisor of Licensing and Registration position.
3. It authorizes a one-time transfer of $23,622 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to fund the retroactive portion of the position reclassifications of 2 Biologist II positions.
4. It authorizes a one-time transfer of $155,241 to fund the payment of outstanding amounts due the Department of Public Safety for dispatch services.
This Part moves the application of the Fiscal Stability Program within the Department of Inland Fisheries and Wildlife from the 2012-2013 biennial budget to the 2014-2015 biennial budget.
1. Extends the $4,500,000 cap on transfers from net slot machine revenue to the Fund for a Healthy Maine through the fiscal year ending June 30, 2013; and
2. Repeals a provision that required the transfer of funding from the Fund for a Healthy Maine to offset the General Fund revenue loss associated with limiting the sale of certain flavored cigars.
This Part suspends cost-of-living adjustments for the State's chief justices, chief judge, deputy chief judge, associate justices and associate judges in fiscal year 2011-12 and fiscal year 2012-13.
This Part eliminates eligibility for supplemental food assistance or TANF benefits for noncitizens legally admitted to the United States, for the first 5 years after they land in the United States, who are neither receiving assistance on July 1, 2011 nor have an application pending for assistance on July 1, 2011 that is later approved unless they are elderly or disabled, victims of domestic violence or qualify under hardship rules adopted by the Department of Health and Human Services. Individuals receiving supplemental food assistance or TANF benefits on July 1, 2011 continue to receive assistance as long as they remain eligible. It also eliminates eligibility for MaineCare benefits for noncitizens legally admitted to the United States even if they were receiving benefits on July 1, 2011, except for children and women who are pregnant and women within 60 days after delivery.
This Part allows the Department of Health and Human Services to require a person receiving TANF assistance to undergo a drug test if that person was convicted of a drug-related felony and that conviction occurred 20 years or less from the date of the request for a drug test. A person who tests positive for an illegal drug is subject to termination of TANF assistance unless the person requests a fair hearing and submits to a 2nd drug test. If the results of the 2nd drug test confirm that the person is using an illegal drug, the department is required to terminate that person's TANF assistance unless the person enrolls in a substance abuse treatment program or the department determines the person is unable to enroll for good cause.
This Part directs the Department of Health and Human Services to revise its rules to impose a penalty for certain transfers of assets to qualify for state support for boarding home services.
This Part establishes a working group charged with developing a plan regarding the future role of the Dorothea Dix Psychiatric Center to take effect June 30, 2012. Membership on the working group includes one member of the Senate; one member of the House of Representatives; the Commissioner of Health and Human Services and the Commissioner of Administrative and Financial Services; the superintendents of the Dorothea Dix Psychiatric Center and Riverview Psychiatric Center; the Chief Executive Officer of Spring Harbor Hospital; the Chief Executive Officer of Acadia Hospital; the Executive Director and one other member of the Consumer Council System of Maine; the Chief Executive Officer of Aroostook Mental Health Services, Inc.; the Executive Director of Community Health and Counseling Services; the Executive Director of the Disability Rights Center; the Chief Executive Officer of the Charlotte White Center; the President of the Eastern Maine Development Corporation; and 2 members of the staff of the Dorothea Dix Psychiatric Center.
This Part directs the Department of Health and Human Services and the Department of the Attorney General to work on issues related to fraud detection and to explore any antifraud savings that can be realized.
This Part establishes a 60-month lifetime limit for Temporary Assistance for Needy Families, or TANF, benefits beginning January 1, 2012 unless the family qualifies for an exemption or extension based upon criteria established by the Department of Health and Human Services. It requires the department to establish a pretermination notice process. For a violation of the terms of the family contract between the department and the adult recipient, it provides for termination of benefits, for the adult only or for the full family, depending on the circumstances. Benefits are restored once the adult recipient signs and complies with the provisions of the family contract. If an adult recipient who has been sanctioned complies with the family contract as of January 1, 2012, previous sanctions do not apply.
This Part requires the Department of Health and Human Services to adopt rules imposing a quit penalty on TANF-Unemployed Parents participants who quit employment without cause.
This Part authorizes the Department of Health and Human Services to adopt routine technical rules necessary to implement these changes and requires the department to report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services by November 1, 2012 with regard to the impact of the changes to the TANF program.
This Part authorizes the transfer of up to $25,000,000 from the unappropriated surplus of the General Fund to the Medical Care - Payments to Providers General Fund account to be used to pay hospital settlements. Any amounts transferred are to be considered adjustments to appropriations in fiscal year 2012-13 only and may be allotted by financial order.
This Part corrects the department name in an appropriations and allocations section enacted in Public Law 2011, chapter 45.
This Part establishes a fee to cover the administrative and other operational costs of the Maine Rx Plus Program. The fee is estimated to be between $12 and $15 annually per enrollee.
This Part clarifies that the Judicial Department may use municipal law enforcement officers to provide court security.
This Part requires the Department of Health and Human Services to revise its rules to establish state-paid child care rates at the 50th percentile of the most current local market rate survey.
This Part continues the authority of the Department of Health and Human Services to transfer available balances of General Fund appropriations between MaineCare accounts by financial order through June 30, 2013. It also continues the requirement that the Department of Health and Human Services provide quarterly and monthly reporting on MaineCare program expenditures through June 30, 2013.
This Part also requires the Commissioner of Health and Human Services to review the effects the MaineCare financial order transfer authority authorized by Public Law 2007, chapter 240, Pt. X, section 2 has had on funding available for individual MaineCare General Fund accounts and report the findings and recommendations for adjustments to appropriations to the Joint Standing Committee on Appropriations and Financial Affairs no later than December 1, 2011.
This Part eliminates the prohibition on using General Fund appropriations to support the operation of the Controlled Substances Prescription Monitoring Program Fund.
This Part requires the Commissioner of Health and Human Services to report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services no later than February 1, 2012 regarding the implementation of fiscal year 2011-12 funding for mental health services for individuals not eligible for MaineCare and for housing services in order to conform to the consent decree in the case of Paul Bates, et al. v. Robert Glover, et al. and pursuant to the Court Master's June 25, 2010 update. The report must include recommendations from the Court Master pertaining to the consent decree and recommendations for funding for fiscal year 2012-13.
This Part directs the Substance Abuse Services Commission to create a stakeholder group to look at the prevalence of the use of cash to purchase certain controlled medications and to make recommendations to the Commissioner of Health and Human Services to address the issue. It also describes the composition of the group and authorizes the adoption of routine technical rules.
This Part gives the Department of Health and Human Services the authority to adopt emergency rules to implement any provisions of this bill over which it has subject matter jurisdiction for which specific authority that has not been addressed by some other Part of this bill.
This Part requires the State Controller to transfer $1,000,000 from available balances in the Employment Rehabilitation Fund, Other Special Revenue Funds account within the Workers' Compensation Board to the General Fund unappropriated surplus at the close of fiscal year 2010-11.
This Part reduces the access payments made to support the cost of Dirigo Health from 2.14% to 1.87% on July 1, 2011, to 1.64% on July 1, 2012 and to 1.14% on July 1, 2013 and eliminates the access payment effective January 1, 2014. This Part also requires Dirigo Health to transfer additional funds to the MaineCare program for the state match for Medicaid services for parents with incomes greater than 133% and less than or equal to 150% of the federal poverty level. This Part further requires the Board of Trustees of Dirigo Health and the Executive Director of Dirigo Health to evaluate and report on the impact of the changes in this Part and their implications on planning for the transition to and implementation of a health insurance exchange in this State pursuant to the federal Patient Protection and Affordable Care Act.
This Part authorizes the Department of Administrative and Financial Services to enter into financing arrangements in fiscal years 2011-12 and 2012-13 for the acquisition of motor vehicles for the Department of Public Safety, Bureau of State Police.
This Part renames the Motor Vehicle Contingency Account - Building program within the Department of the Secretary of State the Motor Vehicle Miscellaneous Revenue program to more accurately reflect the intent of this program.
This Part authorizes the transfer of $500,000 from General Fund unappropriated surplus to the Callahan Mine Site Restoration, Other Special Revenue Funds program within the Department of Transportation to design and implement clean-up initiatives of the site.
This Part replaces the requirement that the Treasurer of State provide written notice to each municipality of the maximum rate of interest that municipalities may charge on delinquent taxes with a requirement to post that rate on the Treasurer of State's publicly accessible website.
This Part transfers $3,000,000 from available balances in Other Special Revenue Funds accounts within the Department of Professional and Financial Regulation to the General Fund at the close of fiscal year 2010-11 and an additional $1,000,000 at the close of fiscal year 2012-13.
This Part specifies that the amount that the judicial branch may credit to a nonlapsing Other Special Revenue Funds account to support the capital expenses of the judicial branch is 4% of the fee revenue collected, up to a maximum of $300,000 per fiscal year. This Part also specifies that, if the fee revenue from the judicial branch is less than the amount budgeted as undedicated fee revenue for the General Fund, the amount credited to the Other Special Revenue Funds account must be reduced by that percentage by which General Fund undedicated fee revenue is under budget.
This Part eliminates a requirement that executive orders be filed with county law libraries and requires that they be posted on the State's publicly accessible website in a conspicuous location.
This Part authorizes an interfund advance of $43,000,000 from Other Special Revenue Funds to the General Fund unappropriated surplus for one day at the end of fiscal year 2011-12.
This Part establishes the Streamline and Prioritize Core Government Services Task Force to undertake a comprehensive analysis of State Government that will achieve General Fund savings throughout departments and agencies statewide of $25,000,000.
The task force has 12 members, including 4 members of the Joint Standing Committee on Appropriations and Financial Affairs to be jointly appointed by the chairs of that committee. At least one of those chosen must be a member of the Senate and 2 members must be chosen from each of the 2 political parties having the most members. It also requires monthly interim reports and a final report by December 15, 2011 to the Joint Standing Committee on Appropriations and Financial Affairs and requires the committee to report its recommendations to achieve a minimum of $25,000,000 to the Legislative Council.
This Part continues authorization for each individual tax expenditure provided for by statute.
This Part creates an option for state employees and teachers who have reached normal retirement age and retire on or after July 1, 2011 to return to employment with the same employer. The retiree may not return to service for at least 30 calendar days or prior to the effective date of the individual's retirement. Under this option, which does not apply to returning substitute teachers, the retiree may be restored to service for up to 5 years and must be paid 75% of the salary of the position that the retiree is hired to fill. The employer is required to notify the Maine Public Employees Retirement System and the Bureau of the Budget of any reemployed member and must pay to the system the employer contribution that goes to pay for the unfunded liability and retiree health care. The State Budget Officer is directed to calculate the General Fund and Highway Fund savings that result from the restoration to service option and transfer those amounts to the respective Salary Plan accounts by financial order.
This Part requires the Secretary of State to publish adopted rule notices only on the publicly accessible website maintained by the Secretary of State. This Part also requires the Secretary of State to improve the search features of the website and requires a progress report to the Joint Standing Committee on State and Local Government and the Joint Standing Committee on Appropriations and Financial Affairs by January 15, 2012.
This Part amends the language related to the Agricultural Marketing Loan Fund to expand the allowed uses of interest earned on money in and loans from the fund.
This Part changes the position title of Director, Planning and Management Information within the Department of Education to Director, Policy and Programs within the Department of Education.
This Part authorizes the State Budget Officer to calculate the amount of savings that applies to each executive branch department and agency from the elimination of vacant positions and transfer the savings and related headcount by financial order upon the approval of the Governor.
This Part transfers $4,000,000 from the unappropriated surplus of the General Fund to the Maine Budget Stabilization Fund during fiscal year 2011-12. It also transfers General Fund revenue in excess of the budgeted amount for the Unclaimed Property Fund transfer from the General Fund to the Maine Budget Stabilization Fund. Based on current balances in the funds and projected claims, this amount is projected to be approximately $5,000,000.
This Part changes the date by which the State Controller must transfer revenues to the Maine Clean Election Fund in fiscal year 2012-13 from on or before January 1, 2013 to on or before September 1, 2012.
This Part requires the State Controller to transfer funds from the Fund for a Healthy Maine to the unappropriated surplus of the General Fund.
This Part directs the Department of Health and Human Services to carry forward any balances in the All Other line category in the Bureau of Medical Services General Fund account from year to year.
This Part directs the Department of Health and Human Services to standardize the room and board rates paid for children's private nonmedical institution services to stay within existing resources and to adopt major substantive rules to implement the changes. The department is required to consider room and board costs that are influenced by the acuity of the needs of the child and cost of care, the size of the private nonmedical institution and cost factors that vary by region of the State and to include representatives of providers of private nonmedical institution services. The rules may not take effect prior to February 1, 2012.
This Part creates the Governor's Office of Communications within the Executive Department and authorizes the transfer of positions by financial order. It also provides the necessary transition provisions. An existing position will be transferred and reorganized to establish the Director of the Governor's Office of Communications position.
Current statute requires that any rules regarding principles of reimbursement for intermediate care facilities for the mentally retarded that are adopted pursuant to the Maine Revised Statutes, Title 22, section 3173 be major substantive rules. This Part clarifies that rules adopted to establish an approval process for capital expenditures to renovate or construct these facilities are routine technical rules.
This Part requires the State Controller to lapse $2,800,000 from the General Purpose Aid for Local Schools General Fund account within the Department of Education representing fiscal year 2010-11 excess funding for state wards and state agency clients to the unappropriated surplus of the General Fund at the close of fiscal year 2010-11.
This Part directs the Governor to implement recommendations of the 2008 plan developed by the natural resources agency task force appointed by the Governor to implement Public Law 2007, chapter 539, Part YY, section 2 relating to eliminating duplication and achieving efficiencies in the natural resources sector by executing a memorandum of understanding between the Department of Inland Fisheries and Wildlife and the Department of Conservation on a system of unified management of all state boat launch facilities under their jurisdictions; developing a plan for collocating natural resources agencies and staff currently located in various regional offices; and developing a plan for aligning districts for natural resources agencies. It requires a report by the commissioners of the natural resources agencies to report to the Joint Standing Committee on Appropriations and Financial Affairs by February 15, 2012.
This Part requires the Judicial Department to coordinate drug court efforts within existing General Fund resources and authorized headcount. This activity was previously supported with a Fund for a Healthy Maine allocation, which was eliminated in Part A of this Act.
This Part transfers $1,900,000 from the Accident, Sickness and Health Insurance Internal Service Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund no later than June 30, 2012. The State Controller also shall transfer the equitable excess reserves as required by state law or federal regulations by June 30, 2012.
This Part provides new minimum taxability thresholds for nonresidents. The new thresholds permit greater income-earning activity by nonresidents in the State before Maine income tax liability is triggered. This Part also excludes from the determination of taxability in the State up to 24 days of personal services related to certain training, management functions, equipment upgrades and new investment.
This Part exempts from the sales tax certain meals provided to residents of retirement facilities and applies the exemption retroactively to tax years beginning on or after January 1, 2010. This Part includes an effective date of October 1, 2011.
This Part requires the refund of sales tax beginning October 1, 2011 on purchases of fuel for use in a commercial fishing vessel and permits the issuance of a certificate permitting the purchases of such fuel without paying sales tax if the purchaser obtains a certificate verifying eligibility from the State Tax Assessor.
This Part exempts from sales tax plastic bags used by redemption centers to sort, store or transport returnable beverage containers. The Part includes a retroactive date of January 1, 2004.
This Part expands the current exemption from sales and use tax for aircraft to apply to all aircraft, regardless of weight or the state of residency of the purchaser and expands the exemption to include sales of repair and replacement parts used exclusively in aircraft and in the overhauling and rebuilding of aircraft and aircraft parts. The expansion of the exemptions applies from July 1, 2011 to June 30, 2015.
This Part provides an income tax credit for investment in or contributions to eligible public fishery infrastructure projects in the State. Eligible projects must be certified by the Department of Inland Fisheries and Wildlife, which is required to adopt rules for determination of eligibility. Tax certificates may be issued for up to $5,000,000 per project. Credits must be taken in increments of 25% over 4 years and may not exceed 50% of the total tax imposed on the investor for the taxable year before application of the credit. Unused credits may be carried forward for up to 15 years. The credit applies to both freshwater and saltwater fisheries. The provisions require the Department of Inland Fisheries and Wildlife to coordinate with the Department of Marine Resources in the certification of eligible projects.
This Part authorizes year-end Personal Services balances in the Department of Corrections to carry from fiscal year 2010-11 to fiscal year 2011-12 to be used for the retroactive costs of reclassifications, range changes and bargaining unit changes. It also requires the department to identify positions for elimination that have a value equal to or greater than the amounts deappropriated from the Departmentwide - Corrections General Fund account in Part A. The State Budget Officer is authorized to make the transfers and adjustments to authorized headcount and appropriations upon the approval of the Governor.
This Part requires the State Controller to transfer $29,700,000 from the Maine Budget Stabilization Fund to General Fund unappropriated surplus by the close of fiscal year 2011-12.
This Part requires the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency, in consultation with the Commissioner of Administrative and Financial Services, to research the potential for federal funds to fund the cost of providing emergency broadcast alerts to the citizens of the State through the Maine Public Broadcasting Network. It requires the agency to report its findings no later than January 2, 2012 to the Joint Standing Committee on Criminal Justice and Public Safety and the Joint Standing Committee on Appropriations and Financial Affairs.
This Part establishes the Maine Women Veterans Coordinator and creates a fund to be administered by the Director of the Bureau of Maine Veterans' Services to pay the contracted services of the coordinator for efforts related to outreach and communication on behalf of women veterans and to reimburse members of the Advisory Commission on Women Veterans for expenses specific to their duties as members of the commission. The amendment repeals the statute establishing the coordinator and commission June 30, 2015.
This Part requires the State Budget Officer to calculate the amount of savings that applies to each General Fund account for all departments and agencies from savings from a decrease in charges made to the Department of Administrative and Financial Services, Office of Information Technology for its services and to transfer the amounts by financial order upon the approval of the Governor.
This Part transfers $55,621 from the State Nuclear Safety Advisor, Other Special Revenue Funds account within the Office of the Public Advocate to the unappropriated surplus of the General Fund. The funds transferred represent fees from the Maine Yankee Atomic Power Company that were provided to the Office of the Public Advocate to support a State Nuclear Safety Advisor position that no longer exists. This Part also transfers $20,053 from the Railroad Freight Service Quality Fund, Other Special Revenue Funds account within the Office of the Public Advocate to the unappropriated surplus of the General Fund.
This Part requires the judicial branch to develop a plan to implement electronic filing in civil docket cases and a plan to implement audio broadcasts of Law Court oral arguments and to report the plan and cost estimates to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Judiciary no later than February 1, 2012.
This Part requires persons licensed to sell liquor to be consumed on the premises to report all liquor purchases to the Department of Administrative and Financial Services, Bureau of Alcohol Beverages and Lottery Operations. Current law requires such purchases to be reported to the Department of Public Safety.
This Part suspends the cost-of-living adjustment for Legislators for 3 years and amends the cap in future years to 3%. It also clarifies that for those years in which the cost-of-living adjustment is suspended, it may not be applied to the base salary.
In addition to initiatives recognizing savings in Part A as deappropriations from the legislative branch agencies, this Part also lapses balances to the General Fund totaling $3,384,249 from legislative accounts within the Legislature, $119,221 from the Law and Legislative Reference Library and $276,322 from the Office of Program Evaluation and Government Accountability. These lapsed balances include savings from implementing Personal Services cost-savings measures determined by the Legislative Council.