Amend the bill by striking out everything after the title 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 C
Sec. C-1. 20-A MRSA §4251, as amended by PL 1989, c. 548, §2, is further amended to read:
The intent of this subchapter is to encourage school administrative units to place an increased emphasis on instruction and curriculum for all children ages 4 to 9 beginning at 4 years of age in public preschool programs to grade 2. This subchapter is not intended as a method of financing existing efforts but as a way of encouraging the development of new or expanded programs.
Sec. C-2. 20-A MRSA §4252, sub-§1, as enacted by PL 1983, c. 576, §1, is amended to read:
Sec. C-3. 20-A MRSA §4722-A, sub-§4, as enacted by PL 2011, c. 669, §7, is amended to read:
Sec. C-4. 20-A MRSA §15671, sub-§1-A, as enacted by PL 2013, c. 368, Pt. C, §4, is amended to read:
Sec. C-5. 20-A MRSA §15671, sub-§5-A, as amended by PL 2013, c. 581, §6, is further amended to read:
Sec. C-6. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2013, c. 595, 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, the target is 46.02%.
(8) For fiscal year 2012-13, the target is 45.87%.
(9) For fiscal year 2013-14, the target is 47.29%.
(10) For fiscal year 2014-15, the target is 46.80%.
(11) For fiscal year 2015-16, the target is 47.54%.
Sec. C-7. 20-A MRSA §15671, sub-§7, ¶C, as amended by PL 2013, c. 595, Pt. C, §2, is further amended 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 49.47%.
(2) For fiscal year 2012-13, the target is 49.35%.
(3) For fiscal year 2013-14, the target is 50.44%.
(4) For fiscal year 2014-15, the target is 50.13%.
(5) For fiscal year 2015-16 and succeeding years, the target is 55% 50.08%.
(6) For fiscal year 2016-17 and succeeding years, the target is 55%.
Sec. C-8. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2013, c. 595, Pt. C, §3, 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 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 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, the full-value education mill rate is the amount necessary to result in a 53.98% statewide total local share in fiscal year 2011-12.
(5) For the 2012 property tax year, the full-value education mill rate is the amount necessary to result in a 54.13% 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 52.71% statewide total local share in fiscal year 2013-14.
(7) For the 2014 property tax year, the full-value education mill rate is the amount necessary to result in a 53.20% statewide total local share in fiscal year 2014-15.
(8) For the 2015 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45% 52.46% statewide total local share in fiscal year 2015-16 and after.
(9) For the 2016 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 2016-17 and after.
Sec. C-9. 20-A MRSA §15681-A, sub-§4, as amended by PL 2013, c. 595, Pt. C, §4, is further amended to read:
Sec. C-10. 20-A MRSA §15688-A, sub-§1, as amended by PL 2013, c. 595, Pt. C, §5, is further amended to read:
Sec. C-11. 20-A MRSA §15688-A, sub-§§5 to 7 are enacted to read:
Sec. C-12. 20-A MRSA §15689, sub-§2, ¶C is enacted to read:
C. Beginning in fiscal year 2016-17, the debt service adjustment in this subsection must be applied to each member municipality of a school administrative district, community school district and regional school unit.
Sec. C-13. 20-A MRSA §15689-A, sub-§18, as amended by PL 2009, c. 213, Pt. C, §13, is further amended to read:
Sec. C-14. 20-A MRSA §15689-A, sub-§24, as enacted by PL 2013, c. 368, Pt. C, §15, is amended to read:
Sec. C-15. 20-A MRSA §15905, sub-§1, ¶A, as amended by PL 2013, c. 44, §1, is further amended to read:
A.
The state board may approve projects as long as no project approval will cause debt service costs, as defined in section 15672, subsection 2-A, paragraph A and pursuant to Resolve 2007, chapter 223, section 4, to exceed the maximum limits specified in Table 1 in subsequent fiscal years.
|
Table 1 |
|
|
Major Capital |
Integrated, Consolidated Secondary and Postsecondary Project |
|
Fiscal year |
Maximum Debt Service Limit |
Maximum Debt Service Limit |
|
1990 |
$ 48,000,000 |
|
|
1991 |
$ 57,000,000 |
|
|
1992 |
$ 65,000,000 |
|
|
1993 |
$ 67,000,000 |
|
|
1994 |
$ 67,000,000 |
|
|
1995 |
$ 67,000,000 |
|
|
1996 |
$ 67,000,000 |
|
|
1997 |
$ 67,000,000 |
|
|
1998 |
$ 67,000,000 |
|
|
1999 |
$ 69,000,000 |
|
|
2000 |
$ 72,000,000 |
|
|
2001 |
$ 74,000,000 |
|
|
2002 |
$ 74,000,000 |
|
|
2003 |
$ 80,000,000 |
|
|
2004 |
$ 80,000,000 |
|
|
2005 |
$ 84,000,000 |
|
|
2006 |
$ 90,000,000 |
|
|
2007 |
$ 96,000,000 |
|
|
2008 |
$100,000,000 |
|
|
2009 |
$104,000,000 |
|
|
2010 |
$108,000,000 |
|
|
2011 |
$126,000,000 |
|
|
2012 |
$116,000,000 |
|
|
2013 |
$116,000,000 |
|
|
2014 |
$126,000,000 |
$10,000,000 |
|
2015 |
$126,000,000 |
$10,000,000 |
|
2016 |
$126,000,000 |
$10,000,000 |
|
2017 |
$126,000,000 |
$10,000,000 |
Sec. C-16. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 20-A, chapter 203, subchapter 2, in the subchapter headnote, the words "early childhood educational plans for children ages 4 to 9" are amended to read "early childhood educational plans for children in preschool to grade 2" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. C-17. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2015-16 is 8.23.
Sec. C-18. 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 2015-16 is as follows:
|
|
|
2015-16 |
|
|
|
TOTAL |
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 |
|
$1,872,709,385 |
|
|
|
|
Total Debt Service Allocation |
|
|
|
|
|
|
|
Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A |
|
$87,869,709 |
|
|
|
|
Enhancing Student Performance and Opportunity |
|
$3,972,105 |
|
|
|
|
Total Adjustments and Miscellaneous Costs |
|
|
|
|
|
|
|
Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A |
|
$67,063,541 |
|
|
|
|
Total Normal Cost of Teacher Retirement |
|
$37,291,090 |
|
|
|
|
Total Cost of Funding Public Education from Kindergarten to Grade 12 |
|
|
|
|
|
|
|
Total cost of funding public education from kindergarten to grade 12 for fiscal year 2015-16 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B |
|
$2,068,905,830 |
|
|
|
|
|
Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2015-16 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423 excluding the normal cost of teacher retirement |
|
$147,838,154 |
|
|
|
|
|
Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2 |
|
$42,586,047 |
|
|
|
|
|
Total cost of funding public education from kindergarten to grade 12 |
|
$2,259,330,031 |
Sec. C-19. Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2015 and ending June 30, 2016 is calculated as follows:
|
|
2015-16 |
2015-16 |
|
|
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 |
$1,085,258,635 |
$983,647,195 |
|
|
|
|
|
State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2015-16 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423 |
|
$147,838,154 |
|
|
|
|
|
State contribution to the total cost of funding public education from kindergarten to grade 12 |
|
$1,131,485,349 |
Sec. C-20. Authorization of payments. 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-21. Limit of State's obligation. 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, 2015 and ending June 30, 2016.
Sec. C-22. Annual components review restructuring. Notwithstanding anything to the contrary in the Maine Revised Statutes, Title 20-A, section 15686-A, in fiscal years 2015-16, 2016-17 and 2017-18, the department shall review essential programs and services components as follows.
1. In fiscal year 2015-16, the review must be in accordance with Title 20-A, section 15686-A, subsection 2.
2. In fiscal year 2016-17, the review must be in accordance with Title 20-A, section 15686-A, subsection 3.
3. In fiscal year 2017-18, the review must be in accordance with Title 20-A, section 15686-A, subsection 1.
PART D
Sec. D-1. PL 2013, c. 585, §§3 and 4 are repealed.
PART E
Sec. E-1. Transfers to Maine Clean Election Fund. The State Controller shall transfer $500,000 of the $2,000,000 required to be transferred on or before January 1, 2017 pursuant to the Maine Revised Statutes, Title 21-A, section 1124, subsection 2, paragraph B from the General Fund undedicated revenue to the Maine Clean Election Fund on or before July 15, 2016 and shall transfer $1,500,000 from the General Fund undedicated revenue to the Maine Clean Election Fund on or before January 1, 2017.
PART F
Sec. F-1. 3 MRSA §314, 2nd ¶, as repealed and replaced by PL 1993, c. 691, §12, is amended to read:
A joint registration expires if the lobbyist or employer notifies the commission in writing that the lobbyist is no longer engaged by the employer to lobby. If termination occurs prior to November 30th, the notification must be given within 30 days of the termination.
Sec. F-2. 3 MRSA §316-A, last ¶, as enacted by PL 1993, c. 691, §17, is amended to read:
These forms must be signed by the employee and the signature serves as a certificate The employee must certify that the information entered on that the form is true, correct and complete.
Sec. F-3. 3 MRSA §320, first ¶, as amended by IB 1995, c. 1, §8, is further amended to read:
Fees collected pursuant to this chapter must go in equal portions to the General Fund and to be deposited into a special revenue account of the commission to be used for the purposes of administering and enforcing the provisions of this chapter, including the costs of obtaining, maintaining and upgrading technology to facilitate disclosure of lobbying and campaign finance information to the public.
PART G
Sec. G-1. Study of court facility needs. The Judicial Department shall conduct or contract for architectural feasibility studies to improve court facilities in Oxford County, Waldo County and York County. The Judicial Department shall report on the findings of the feasibility studies 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 judiciary matters by January 1, 2017.
PART H
Sec. H-1. Transfer from Other Special Revenue Funds to unappropriated surplus of the General Fund. Notwithstanding any other provision of law to the contrary, the State Controller shall transfer $37,000,000 on June 30, 2016 from Other Special Revenue Funds to the unappropriated surplus of the General Fund. On July 1, 2016, the State Controller shall transfer $37,000,000 from the General Fund unappropriated surplus to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance.
PART I
Sec. I-1. Appropriations and allocations. The following appropriations and allocations are made.
TREASURER OF STATE, OFFICE OF
Debt Service - Treasury 0021
Initiative: Reduces funding for debt service.
PART J
Sec. J-1. 36 MRSA §4102, sub-§5, as enacted by PL 2011, c. 380, Pt. M, §9, is amended to read:
PART K
Sec. K-1. 36 MRSA §683, sub-§1-B is enacted to read:
Sec. K-2. 36 MRSA §683, sub-§§3 and 4, as amended by PL 2005, c. 2, Pt. F, §3 and affected by §5, are further amended to read:
Sec. K-3. 36 MRSA §683, sub-§5, as enacted by PL 2005, c. 647, §4 and affected by §5, is amended to read:
Sec. K-4. 36 MRSA §685, sub-§2, as amended by PL 2005, c. 2, Pt. F, §4 and affected by §5, is further amended to read:
PART L
Sec. L-1. 30-A MRSA §5681, sub-§5-C, as amended by PL 2013, c. 368, Pt. J, §1, is further amended to read:
Sec. L-2. 30-A MRSA §5681, sub-§5-D is enacted to read:
PART M
Sec. M-1. 5 MRSA §1519, sub-§6 is enacted to read:
Sec. M-2. 5 MRSA §1531, sub-§1, as amended by PL 2011, c. 655, Pt. DD, §1 and affected by §24, is repealed.
Sec. M-3. 5 MRSA §1531, sub-§2, as amended by PL 2013, c. 368, Pt. Q, §2, is further amended to read:
Sec. M-4. 5 MRSA §1531, sub-§4, ¶A, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is amended to read:
A. For the 2006-2007 2018-2019 biennium, the General Fund appropriation enacted for fiscal year 2004-05 2016-17 as of December 1, 2004 2016; and
Sec. M-5. 5 MRSA §1531, sub-§6, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is repealed.
Sec. M-6. 5 MRSA §1532, sub-§§1 and 5, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, are amended to read:
Sec. M-7. 5 MRSA §1534, sub-§2, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is amended to read:
Sec. M-8. 5 MRSA §1536, as amended by PL 2013, c. 1, Pt. E, §2, is further amended to read:
Sec. M-9. 5 MRSA §1665, sub-§1, as amended by PL 2009, c. 636, Pt. C, §2, is further amended to read:
Sec. M-10. 20-A MRSA §15671, sub-§1, as amended by PL 2005, c. 2, Pt. D, §32 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
Sec. M-11. 30-A MRSA §706-A, sub-§1, as amended by PL 2007, c. 653, Pt. A, §10, is further amended to read:
Sec. M-12. 30-A MRSA §706-A, sub-§3, as enacted by PL 2005, c. 2, Pt. B, §1 and affected by §§2 and 4 and c. 12, Pt. WW, §14, is amended to read:
Sec. M-13. 30-A MRSA §5721-A, sub-§1, ¶A, as amended by PL 2005, c. 621, §9, is further amended to read:
A. "Average real personal income growth" has the same meaning as in Title 5, section 1531, subsection 2.
Sec. M-14. 30-A MRSA §5721-A, sub-§1, ¶B, as amended by PL 2005, c. 621, §10, is repealed.
Sec. M-15. 30-A MRSA §5721-A, sub-§1, ¶E, as amended by PL 2005, c. 621, §11, is repealed.
Sec. M-16. 30-A MRSA §5721-A, sub-§3, as enacted by PL 2005, c. 2, Pt. C, §1 and affected by §§3 and 5 and c. 12, Pt. WW, §16, is amended to read:
Sec. M-17. 36 MRSA §7301, first ¶, as enacted by PL 2005, c. 2, Pt. H, §2, is repealed.
PART N
Sec. N-1. 4 MRSA §1610-H is enacted to read:
Notwithstanding any limitation on the amount of securities that may be issued pursuant to section 1606, subsection 2, the authority may issue additional securities in an amount not to exceed $23,000,000 outstanding at any one time for capital repairs and improvements to state-owned facilities and hazardous waste cleanup on state-owned properties.
Sec. N-2. Maine Governmental Facilities Authority; issuance of securities. Pursuant to the Maine Revised Statutes, Title 4, section 1606, subsection 2 and section 1610-H, and notwithstanding the limitation contained in Title 4, section 1606, subsection 2 regarding the amount of securities that may be issued, the Maine Governmental Facilities Authority is authorized to issue securities in its own name in an amount up to $23,000,000. Proceeds must be used for the purpose of paying the costs associated with capital repairs and improvements to and construction of state-owned facilities and hazardous waste cleanup on state-owned properties as designated by the Commissioner of Administrative and Financial Services.
PART O
Sec. O-1. 36 MRSA §4641-B, sub-§4-B, ¶E, as enacted by PL 2011, c. 453, §6, is amended to read:
E.
In fiscal year 2015-16 and each fiscal year thereafter, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641-A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30-A, section 4864.
(2) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30-A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit any remaining revenues available under this subparagraph to the General Fund.
(3) On a monthly basis, the Treasurer of State shall credit 50% of the revenues to the Maine State Housing Authority, which except that, notwithstanding paragraph F, in fiscal year 2015-16, the Treasurer of State shall first credit $6,291,740 of the revenues available under this subparagraph to the General Fund and except that, notwithstanding paragraph F, in fiscal year 2016-17, the Treasurer of State shall first credit $6,090,367 of the revenues available under this subparagraph to the General Fund. The Maine State Housing Authority shall deposit the funds received pursuant to this subparagraph in the Housing Opportunities for Maine Fund created in Title 30-A, section 4853.
PART P
Sec. P-1. Tax expenditures. In accordance with the Maine Revised Statutes, Title 5, section 1666 and to the extent not otherwise provided in this Act, funding is continued for each individual tax expenditure, as defined in Title 5, section 1666, reported in the budget document submitted to the Legislature by the Governor on January 9, 2015.
PART Q
Sec. Q-1. Attrition savings. Notwithstanding any other provision of law, the attrition rate for the 2016-2017 biennium is increased from 1.6% to 3% for judicial branch and executive branch departments and agencies only, with the exception of the District Attorneys Salaries program within the Department of the Attorney General. The attrition rate for subsequent biennia is 1.6% with the exception of the District Attorneys Salaries program within the Department of the Attorney General. The attrition rate for the District Attorneys Salaries program is 0% for the 2016-2017 biennium.
Sec. Q-2. 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 executive branch departments and agencies from savings associated with attrition in fiscal year 2015-16 and fiscal year 2016-17 and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2015-16 and fiscal year 2016-17. 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, 2015.
Sec. Q-3. Application of attrition savings. The State Budget Officer shall consider the size of an agency when developing a process to ensure agency compliance with budgeted attrition savings. Agencies with 50 or fewer legislatively authorized positions must be given an opportunity to justify any deviation from the established savings target to the State Budget Officer. The State Budget Officer may reassign the unrealized attrition savings to another agency. In no event may an agency's ability to achieve attrition savings in one fiscal year have any effect on another fiscal year’s attrition savings target.
Sec. Q-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: Reduces funding to reflect projected savings from an increase in the attrition rate from 1.6% to 3% for fiscal years 2015-16 and 2016-17.
GENERAL FUND |
2015-16 |
2016-17 |
Personal Services
|
($4,747,724) |
($4,790,263) |
|
|
|
GENERAL FUND TOTAL |
($4,747,724) |
($4,790,263) |
PART R
Sec. R-1. Department of Administrative and Financial Services; lease- purchase authorization. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services, in cooperation with the Treasurer of State, may enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of motor vehicles for the Central Fleet Management Division. The financing arrangements entered into in each fiscal year may not exceed $5,500,000 in principal costs, and a financing arrangement may not exceed 4 years in duration. The interest rate may not exceed 5%. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Fleet Management Division account.
PART S
Sec. S-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 2015-16 and 2016-17 for the acquisition of motor vehicles for the State Police. The financing arrangements entered into in each fiscal year may not exceed $2,600,000 in principal costs, and a financing arrangement may not exceed 3 years in duration. The interest rate may not exceed 5%. The annual principal and interest costs must be paid from the appropriate line category appropriations and allocations in the State Police accounts.
PART T
Sec. T-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, 2017 special voluntary employee incentive programs for state employees, including a 50% workweek, 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. T-2. Continuation of group 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, 2017 and is approved 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. T-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, 2017 and is approved 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. T-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, 2017 for fiscal year 2015-16 and no later than January 15, 2018 for fiscal year 2016-17.
Sec. T-5. Lapsed balances. Notwithstanding any other provision of law, $350,000 in fiscal year 2015-16 and $350,000 in fiscal year 2016-17 of savings identified from the voluntary employee incentive programs in this Part lapse to the General Fund.
PART U
Sec. U-1. Transfer from General Fund unappropriated surplus; Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account; fiscal year 2015-16. Notwithstanding any other provision of law, the State Controller shall transfer $750,000 from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account within the Department of Administrative and Financial Services no later than June 30, 2016.
Sec. U-2. Transfer from General Fund unappropriated surplus; Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account; fiscal year 2016-17. Notwithstanding any other provision of law, the State Controller shall transfer $750,000 from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account within the Department of Administrative and Financial Services no later than June 30, 2017.
PART V
Sec. V-1. 5 MRSA §933, sub-§1, ¶N, as amended by PL 2009, c. 552, §4, is repealed.
Sec. V-2. 5 MRSA §933, sub-§1, ¶P, as repealed and replaced by PL 2013, c. 588, Pt. A, §3, is repealed.
PART W
Sec. W-1. 34-A MRSA §1803, sub-§12, as enacted by PL 2015, c. 16, Pt. I, §1, is amended to read:
Sec. W-2. 34-A MRSA §1816, sub-§1, as enacted by PL 2015, c. 16, Pt. I, §2, is amended to read:
PART X
Sec. X-1. Transfer; Dirigo Health Fund; General Fund. Notwithstanding any other provision of law to the contrary, the State Controller shall transfer $700,000 by June 30, 2016 from the Dirigo Health Fund to the unappropriated surplus of the General Fund.
PART Y
Sec. Y-1. 12 MRSA §1804, sub-§1, as enacted by PL 1997, c. 678, §13 and amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §24, is further amended to read:
PART Z
Sec. Z-1. Emergency rule-making authority; indigent legal services. Notwithstanding the Maine Revised Statutes, Title 5, section 8054, subsections 1 and 2, the Maine Commission on Indigent Legal Services shall adopt emergency rules as necessary under Title 5, sections 8054 and 8073 in order to implement the rate increase for compensation for assigned counsel and contract counsel funded in Part A of this Act. The rules may not authorize a rate increase that exceeds the rate increase funded in Part A.
PART AA
Sec. AA-1. 12 MRSA §8901, sub-§1, ¶A is enacted to read:
A. The forest protection unit of the Bureau of Forestry shall employ no fewer than 45 and no more than 50 forest rangers classified as Forest Ranger II to serve as wildfire control specialists and forestry law enforcement officers, and no fewer than 17 forest rangers classified as follows: 3 Regional Rangers, 8 District Rangers, one Forest Fire Prevention Specialist, one Ranger Pilot Supervisor and 4 Ranger Pilots. Each forest ranger must, at a minimum, be a graduate of the Maine Criminal Justice Academy's law enforcement preservice program or equivalent.
Sec. AA-2. PL 1999, c. 352, §§3 and 4 are repealed.
PART BB
Sec. BB-1. Rate study. The Department of Health and Human Services shall contract with a 3rd party to conduct a rate study of the following services in Rule Chapter 101: MaineCare Benefits Manual: medication management services and outpatient services under Section 65: Behavioral Health Services and all services under Section 28: Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations. The rate study must account for provider costs related to these services. The 3rd party shall invite the participation of stakeholders for all services included in this section.
Sec. BB-2. Report. The Department of Health and Human Services, no later than January 1, 2016, shall submit a report to the Joint Standing Committee on Health and Human Services with the findings of the rate study conducted pursuant to section 1 of this Part. The department shall include in the report any recommendations for changes in the rates provided for services that are the subject of the rate study conducted pursuant to section 1 of this Part.
PART CC
Sec. CC-1. Drug Enforcement Agency program savings. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, subsection 1 or any other provision of law, unused balances of appropriations of $300,000 in each year of the 2016-2017 biennium to the Drug Enforcement Agency program within the Department of Public Safety contained in Part A of this Act for the purpose of processing crime scenes involving the seizure of methamphetamine laboratories and dump sites may not be transferred at any time prior to the closing of the books to any other appropriation or subdivision of an appropriation made by the Legislature. The State Budget Officer shall calculate the unused balance of the funds appropriated for the purpose of processing crime scenes involving the seizure of methamphetamine laboratories and dump sites but not used for that purpose and shall transfer that balance to the unappropriated surplus of the General Fund no later than June 30th of each year of the 2016-2017 biennium.
Sec. CC-2. Remediation and Waste Management program savings. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, subsection 1 or any other provision of law, unused balances of appropriations of $100,000 in each year of the 2016-2017 biennium to the Remediation and Waste Management program within the Department of Environmental Protection contained in Part A of this Act as part of the transfer of one Oil and Hazardous Material Responder I position and one Oil and Hazardous Material Responder II position and related All Other from Other Special Revenue Funds to the General Fund contained in Part A of this Act may not be used for any purpose other than for cleanup of illegal drug operations or natural gas contamination. The State Budget Officer shall calculate the amount of unused balances not used for cleanup of illegal drug operations or natural gas contamination and shall transfer those balances to the unappropriated surplus of the General Fund no later than June 30th of each year of the 2016-2017 biennium.
PART DD
Sec. DD-1. 25 MRSA §2801-B, sub-§1, ¶C, as repealed and replaced by PL 2001, c. 710, §11 and affected by §12 and amended by PL 2011, c. 657, Pt. W, §§5 and 7 and PL 2013, c. 405, Pt. A, §23, is further amended to read:
C. An agent or a representative of the Department of Agriculture, Conservation and Forestry, Bureau of Forestry whose law enforcement powers are limited to those specified by Title 12, section 8901, subsection 3 and who does not carry a firearm;
PART EE
Sec. EE-1. 36 MRSA §5122, sub-§2, ¶M-2 is enacted to read:
M-2.
For tax years beginning on or after January 1, 2016:
(1) For each individual who is a primary recipient of retirement plan benefits, the reduction is the sum of:
(a) Excluding military retirement plan benefits, an amount that is the lesser of the aggregate of retirement plan benefits under employee retirement plans or individual retirement accounts included in the individual’s federal adjusted gross income and the pension deduction amount. The amount claimed under this division must be reduced by the total amount of the individual’s social security benefits and railroad retirement benefits paid by the United States, but not less than $0; and
(b) An amount that is the lesser of the aggregate of retirement benefits under military retirement plans included in the individual’s federal adjusted gross income and $25,000; and
(2) For purposes of this paragraph, the following terms have the following meanings.
(a) "Employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under the Code, Section 401(a), Section 403 or Section 457(b), except that distributions made pursuant to a Section 457(b) plan are not eligible for the deduction provided by this paragraph if they are made prior to age 55 and are not part of a series of substantially equal periodic payments made for the life of the primary recipient or the joint lives of the primary recipient and that recipient's designated beneficiary.
(b) "Individual retirement account" means an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a simplified employee pension under Section 408(k) of the Code or a simple retirement account for employees under Section 408(p) of the Code.
(c) "Military retirement plan" means retirement plan benefits received as a result of service in the active or reserve components of the Army, Navy, Air Force, Marines or Coast Guard.
(d) "Pension deduction amount" means $10,000 for tax years beginning in 2014.
(e) "Primary recipient" means the individual upon whose earnings or contributions the retirement plan benefits are based or the surviving spouse of that individual.
(f) "Retirement plan benefits" means employee retirement plan benefits, except pick-up contributions for which a subtraction is allowed under paragraph E, reported as pension or annuity income for federal income tax purposes and individual retirement account benefits reported as individual retirement account distributions for federal income tax purposes. "Retirement plan benefits" does not include distributions that are subject to the tax imposed by the Code, Section 72(t);
PART FF
Sec. FF-1. Department of Agriculture, Conservation and Forestry, Division of Forest Protection carrying account; transfer from unencumbered balance forward; General Fund. Notwithstanding any other provision of law, the State Controller shall leave only $500,000 of unencumbered balance forward in the Personal Services line category in the Department of Agriculture, Conservation and Forestry, Division of Forest Protection, General Fund account and shall transfer all remaining money from unencumbered balance forward in the Personal Services line category above that amount on or before August 1, 2015 to the Capital Expenditures line category in the Division of Forest Protection, General Fund account to fund the overhaul of helicopters owned by the State.
PART GG
Sec. GG-1. 12 MRSA §1807 is enacted to read:
Except as provided in this section, timber harvesting on public reserved lands and nonreserved public lands may not exceed in total an average of 160,000 cords per year over any 3-year period. If an independent timber inventory conducted after July 1, 2015 establishes a different sustainable harvest, the department may adopt by rule a different harvesting level consistent with that inventory. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A and must be reviewed by the joint standing committee of the Legislature having jurisdiction over public reserved and nonreserved lands matters.
PART HH
Sec. HH-1. 5 MRSA §200-H, sub-§1, ¶H-1, as enacted by PL 2009, c. 149, §1, is amended to read:
H-1. A sexual assault nurse examiner within the Office of the Attorney General, ex officio Department of Health and Human Services;
Sec. HH-2. 5 MRSA §3360-N, as enacted by PL 2001, c. 439, Pt. Z, §1, is amended to read:
Sec. HH-3. 5 MRSA §3360-P, as enacted by PL 2001, c. 439, Pt. Z, §1, is amended to read:
The Department of the Attorney General Health and Human Services shall provide general administrative oversight for the board's policies and responsibilities. When appropriate, the Department of the Attorney General Health and Human Services may employ personnel necessary to carry out the purposes of the board; lease, rent or acquire adequate equipment and facilities; accept federal funds or grants that are available to carry out or implement the board's objectives; and provide technical assistance and training to sexual assault forensic examiners.
PART II
Sec. II-1. Department of Corrections; transfer of funds for overtime expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, by financial order upon the recommendation of the State Budget Officer and approval of the Governor, may transfer Personal Services, All Other or Capital Expenditures funding between accounts within the same fund for the purpose of paying overtime expenses in fiscal years 2015-16 and 2016-17. These transfers are not considered adjustments to appropriations.
PART JJ
Sec. JJ-1. 22 MRSA §4307, sub-§4, as corrected by RR 2009, c. 2, §58, is amended to read:
PART KK
Sec. KK-1. Transfers and adjustments to position count. The Commissioner of Corrections shall review the current organizational structure of the Department of Corrections to improve organizational efficiency and cost-effectiveness and shall recommend transfers of positions and available balances. 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 from July 1st to December 1st of each fiscal year of the 2016-2017 biennium. Position adjustments made after December 1st and before July 1st of each fiscal year may not be an adjustment to position count or appropriations. 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 by the Bureau of the Budget 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.
Sec. KK-2. Department of Corrections; quarterly reporting. The Commissioner of Corrections shall provide quarterly reports to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the position transfers authorized pursuant to section 1 of this Part. The reports must detail, for both the sending and receiving program, the position title, the program name, an indication if the position was filled or vacant and the pay range and step if applicable. The report must also include all position reclassifications, reorganizations and range changes that were approved during the previous quarter.
PART LL
Sec. LL-1. Transfer of funds; food, heating and utility expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, upon recommendation of the State Budget Officer and approval of the Governor, is authorized to transfer, from the All Other line category, funding by financial order between accounts within the same fund for the purposes of paying food, heating and utility expenses in fiscal years 2015-16 and 2016-17. These transfers are not considered adjustments to appropriations.
PART MM
Sec. MM-1. Working capital advance to Department of Defense, Veterans and Emergency Management. The State Controller is authorized to advance up to $350,000 from the General Fund unappropriated surplus to the Department of Defense, Veterans and Emergency Management, Administration - Maine Emergency Management Agency program, Federal Expenditures Fund account during fiscal year 2015-16 to be used to provide cash necessary to meet current expenditures of the program until federal funds become available in the same fiscal year. The State Controller shall report to the Joint Standing Committee on Appropriations and Financial Affairs within 30 days of making any working capital advance for this purpose. Funds advanced from the General Fund to the Administration - Maine Emergency Management Agency program must be returned to the General Fund unappropriated surplus not later than December 31, 2015.
PART NN
Sec. NN-1. Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute; fiscal year 2015-16. Notwithstanding any other provision of law, $1,537,761 of funds in the All Other line category in the Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute, General Fund account lapses to the unappropriated surplus of the General Fund no later than June 30, 2016.
Sec. NN-2. Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute; fiscal year 2016-17. Notwithstanding any other provision of law, $1,537,761 of funds in the All Other line category in the Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute, General Fund account lapses to the unappropriated surplus of the General Fund no later than June 30, 2017.
PART OO
Sec. OO-1. 5 MRSA §937, sub-§1, as amended by PL 2013, c. 1, Pt. S, §1, is further amended to read:
Sec. OO-2. 20-A MRSA §203, sub-§1, as amended by PL 2013, c. 1, Pt. S, §2 and c. 368, Pt. II, §§1 and 2, is further amended to read:
PART PP
Sec. PP-1. Lease-purchase authorization; Maine learning technology initiative. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Education may enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of portable computer devices for students and educators to support the operations of the Maine learning technology initiative. The financing agreements may not exceed 4 years in duration and $95,000,000 in principal costs for the Maine learning technology initiative. The interest rate may not exceed 8% and the total interest costs may not exceed $7,600,000. The annual principal and interest costs must be paid from the appropriate line category allocations in the Department of Education. The State is authorized to extend the provisions of the lease-purchase agreement on behalf of school administrative units as long as all costs of the extension are borne by the school administrative units.
PART QQ
Sec. QQ-1. Transfer from General Fund unappropriated surplus; Department of Education, Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account; fiscal year 2015-16. Notwithstanding any other provision of law, the State Controller shall transfer $750,000 from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account within the Department of Education no later than June 30, 2016.
Sec. QQ-2. Transfer from General Fund unappropriated surplus; Department of Education, Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account; fiscal year 2016-17. Notwithstanding any other provision of law, the State Controller shall transfer $750,000 from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account within the Department of Education no later than June 30, 2017.
PART RR
Sec. RR-1. Rename PK-20, Adult Education and Federal Programs Team program. Notwithstanding any other provision of law, the PK-20, Adult Education and Federal Programs Team program within the Department of Education is renamed the Learning Systems Team program.
PART SS
Sec. SS-1. 22 MRSA §7802, sub-§2, ¶B, as amended by PL 2013, c. 179, §6, is further amended to read:
B.
The terms of full licenses or approvals are as follows.
(1) Except as provided in subparagraphs (2) to (7), the term of all full licenses and approvals issued pursuant to this chapter is for one year or the remaining period of a conditional or provisional license that has been issued for less than one year.
(2) The term of a children's residential care facility license is for 2 years.
(3) The term of a drug treatment center license may be is for either one or 2 years.
(4) The term of a family foster home or specialized foster home license is for 2 years.
(5) The term of a child care facility license issued under section 8301-A, subsection 2 is for 2 years.
(6) The term of a home day care certificate issued under section 8301-A, subsection 3 is for 2 years.
(7) The term of an adult day care program license pursuant to chapter 1679 is for either one or 2 years at the discretion of the department.
Sec. SS-2. 22 MRSA §8003, as enacted by PL 1975, c. 719, §6, is repealed and the following enacted in its place:
License fees and terms for drug treatment centers are governed by this section.
Sec. SS-3. 22 MRSA §8108 is enacted to read:
License fees and terms for children's residential care facilities are governed by this section.
Sec. SS-4. 34-B MRSA §1203-A, sub-§1, ¶B, as amended by PL 2003, c. 369, §1 and affected by §2, is further amended to read:
B. A full license must be issued for a specified period of time appropriate to the type of agency or facility, but not to exceed 3 years is issued for a term of 2 years.
Sec. SS-5. 34-B MRSA §1203-A, sub-§4, as enacted by PL 1989, c. 227, §1, is amended to read:
PART TT
Sec. TT-1. Department of Health and Human Services to convene stakeholder group regarding methadone treatment. The Department of Health and Human Services, referred to in this Part as "the department," shall convene a stakeholder group, including representatives of patients receiving methadone treatment and outpatient methadone treatment providers, consistent with state and federal law, for the purpose of developing criteria related to outpatient methadone treatment as set forth in this section. The stakeholder group shall conclude its work by November 15, 2015.
1. Treatment criteria. The stakeholder group shall consider the establishment of criteria for receiving methadone treatment that may include one or more of the following:
A. A physician's determination that methadone treatment is medically appropriate for a patient based on the criteria established by the American Society for Addiction Medicine or similar criteria;
B. Criteria involving a patient who had received opioid addiction treatment within the past 6 months under a treatment method other than methadone treatment, including detoxification treatment, medication-assisted treatment through buprenorphine or similar medication, abstinence-based treatment or other treatment method, and the treatment was determined by a physician trained in addiction medicine not to be effective or otherwise medically appropriate; or
C. Criteria involving a patient who sought opioid addiction treatment through a treatment method other than methadone treatment within the prior 6 months but was unable to obtain the treatment.
The treatment criteria must include the requirement that a patient seeking methadone treatment be at least 18 years of age. A patient must be granted automatic approval to receive methadone treatment if treatment for the patient is court-ordered or the patient is pregnant.
2. Prior approval. The stakeholder group shall review the department's existing criteria for prior approval of a patient to continue methadone treatment beyond 24 months. The stakeholder group shall consider the need for additional criteria to ensure that methadone treatment continues to be medically appropriate for patients, including one or more of the following:
A. All applicable criteria for receiving treatment under subsection 1;
B. Evidence of active engagement in treatment services and supports;
C. Criteria for establishing a medication level at the lowest effective dosage as is medically appropriate for the patient; or
D. Evidence of progress in at least one of the following categories:
(1) Reunification with family;
(2) Employment or engagement in education or volunteer work;
(3) A reduction in illicit behavior related to addiction in the preceding 6 months;
(4) Physical health improvement; or
(5) Engagement in spiritual or community activities.
3. Treatment services. The stakeholder group shall review opportunities to create a care delivery model focused on progress, recovery and reintegration through improved oversight, including opportunities to reduce transportation costs, improve staffing and services and improve the cost-effectiveness of treatment services. The review shall consider the level of services available through other treatment methods and include, but not be limited to, the services provided by an on-site medical director or designee, on-site behavioral health and addiction counseling services and vocational and educational services and the appropriate development, as needed, of quality improvement and quality assurance programs that help patients receiving clinically based services to accomplish their treatment goals during their approved term of treatment.
Sec. TT-2. Report. The stakeholder group shall submit a report to the department and to the Joint Standing Committee on Health and Human Services with its findings and recommendations for changes, as identified pursuant to this Part, no later than December 1, 2015. Any changes to methadone treatment made by the department, pursuant to the proposed changes included in the stakeholder group's report, must take effect March 1, 2016.
PART UU
Sec. UU-1. 22 MRSA §254-D, sub-§4, ¶B, as enacted by PL 2005, c. 401, Pt. A, §2, is amended to read:
B.
An individual is eligible for the program if that individual:
(1) Is a legal resident of the State;
(2) Meets the income eligibility criteria set forth in this section or is eligible for both MaineCare and Medicare Part D;
(3) Does not receive full MaineCare pharmaceutical benefits; and
(4) Is at least 62 years of age, or is 19 years of age or older and determined to be disabled by the standards of the federal social security program. A person who was eligible for the program at any time from August 1, 1998 to July 31, 1999 and who does not meet the requirements of this subparagraph at the time of application or renewal retains eligibility for the program if that person is a member of a household of an eligible person . ; and
(5) Does not have more than $50,000 individually or more than $75,000 per couple in liquid assets.
PART VV
Sec. VV-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 as necessary 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 WW
Sec. WW-1. 5 MRSA §1591, sub-§2, ¶F, as enacted by PL 2013, c. 368, Pt. MMM, §3, is amended to read:
F. Any balance remaining in the Medicaid Waiver for Brain Injury Residential/Community Services program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year; and
Sec. WW-2. 5 MRSA §1591, sub-§2, ¶G, as enacted by PL 2013, c. 368, Pt. MMM, §4, is amended to read:
G. Any balance remaining in the Medicaid Waiver for Other Related Conditions program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year . ;
Sec. WW-3. 5 MRSA §1591, sub-§2, ¶¶H and I are enacted to read:
H. Any balance remaining in the Bridging Rental Assistance Program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year for the same purpose; and
I. Any balance remaining in the Consumer-directed Services program, General Fund account at the end of any fiscal year to be carried forward for use by this program in the next fiscal year.
PART XX
Sec. XX-1. 34-B MRSA §3011 is enacted to read:
The Bridging Rental Assistance Program is established within the department as a transitional housing voucher program. The purpose of the program is to assist persons with mental illness with housing assistance for up to 24 months or until they receive assistance from a housing voucher program administered by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 412, Section 8 or receive an alternative housing placement. The department shall adopt rules to carry out the purpose of the program. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART YY
Sec. YY-1. 22 MRSA §3273, sub-§7-A, as enacted by PL 2009, c. 462, Pt. I, §2, is amended to read:
PART ZZ
Sec. ZZ-1. Study. The Department of Transportation, in consultation with the cities of Lewiston and Auburn and the Northern New England Passenger Rail Authority, shall conduct a study and complete a plan for the implementation of passenger rail service between the cities of Lewiston and Auburn and the Amtrak Downeaster service. The plan must include a process for public review and comment and must incorporate information from completed studies and new information, including, but not limited to:
1. An analysis of market demand and the potential economic benefits associated with the implementation of passenger rail service between the cities of Lewiston and Auburn and the Amtrak Downeaster service, and potential future expansion to Montreal;
2. The development of a detailed service plan to meet travel demand and identified economic opportunities, including frequency and schedule of service, station locations, equipment types and seating capacity, marketing, management and operator plans and estimated annual operating costs;
3. An inventory of infrastructure needed to support operations, including mechanical facilities, with an estimate of the necessary capital investments;
4. An evaluation of potential financing mechanisms for capital and operating expenses and an implementation approach and schedule; and
5. A review of potential alternatives and environmental impacts associated with the proposed service, including station locations and necessary investments.
Sec. ZZ-2. Transfer from unappropriated surplus of the General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $150,000 no later than July 15, 2015 from the unappropriated surplus of the General Fund to the Multimodal - Passenger Rail program, Other Special Revenue Funds account in the Department of Transportation.
Sec. ZZ-3. Community match. Notwithstanding any other provision of law, no later than November 1, 2015, the cities of Lewiston and Auburn each shall remit $50,000 to the State for the purposes of funding the study and plan for the implementation of passenger rail service between the cities of Lewiston and Auburn and the Amtrak Downeaster service pursuant to section 1 of this Part. The Treasurer of State shall deposit the funds in the Multimodal - Passenger Rail program, Other Special Revenue Funds account in the Department of Transportation.
PART AAA
Sec. AAA-1. Transfer of funds. Notwithstanding any other provision of law, for fiscal year 2015-16 and 2016-17 only, the Department of Health and Human Services is authorized to transfer available balances of All Other or Personal Services appropriations, after all salary, benefit and other obligations are met, in the Developmental Services - Community program account to the Personal Services line category of the Crisis Outreach Program account by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART BBB
Sec. BBB-1. Home-delivered meals. The Department of Health and Human Services shall file an application with the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to request that home-delivered meals be a reimbursable covered service under Chapter 101: MaineCare Benefits Manual, Chapter II, Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities. Individuals receiving the home-delivered meal services under the waiver must both qualify for Section 19 services and be experiencing a transition of care, have a debilitating or acute illness or be primarily homebound and unable to prepare nutritious meals.
PART CCC
Sec. CCC-1. PL 2007, c. 240, Pt. X, §2, as amended by PL 2013, c. 368, Pt. VVV, §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, 2015 2017, available balances of appropriations in MaineCare General Fund accounts may be transferred between accounts by financial order upon the recommendation of the State Budget Officer and approval of the Governor.
PART DDD
Sec. DDD-1. 5 MRSA §12004-I, sub-§12-B is enacted to read:
Sec. DDD-2. 20-A MRSA §6663 is enacted to read:
The Commission To End Student Hunger, as established in Title 5, section 12004-I, subsection 12-B and referred to in this section as "the commission," is established within the department as set forth in this section.
Sec. DDD-3. Collaboration to reduce student hunger. The Department of Education and the Department of Health and Human Services shall collaborate to reduce student hunger through the following actions.
1. Using new state funding and creating a new position, the Department of Education and the Department of Health and Human Services shall increase communication and cooperation between the 2 departments and the monitoring of child hunger and nutrition programs in both departments. Representatives of the departments shall meet quarterly to collaborate on child hunger and nutrition programs. The departments shall provide quarterly reports to the joint standing committee of the Legislature having jurisdiction over education matters and to the Commission To End Student Hunger, established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 12-B, on their quarterly meetings and on cooperation between the departments regarding child hunger and nutrition programs.
2. The Department of Education and the Department of Health and Human Services shall expand access to departmental data in order to measure and track access to and participation in child hunger and nutrition programs under the jurisdiction of both departments. The departments shall provide each school administrative unit and school with analyses of its existing child hunger and nutrition programs and their funding and federal funding not being used. The departments shall make student meal program data available on their publicly accessible websites.
Sec. DDD-4. Encouraging participation in federal meals and snacks programs for students. The Department of Education and the Department of Health and Human Services shall encourage the congressional delegation of the State to make participation in federal meals and snacks programs for students easier for school administrative units and nonprofit organizations and to make administration of the programs easier for the Department of Education and the Department of Health and Human Services.
PART EEE
Sec. EEE-1. Transfer of funds. Notwithstanding any other provision of law, dedicated family support services funds within the Department of Health and Human Services, Developmental Services - Community program may be transferred to support individuals receiving services to the Office of Aging and Disability Services Central Office program and the Long Term Care - Office of Aging and Disability Services program by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART FFF
Sec. FFF-1. Transfer of funds. Notwithstanding any other provision of law, available balances of appropriations in the Nursing Facilities program in the Department of Health and Human Services may be transferred to support individuals who are transitioning to the Money Follows the Person/Homeward Bound program through the home-based care program by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART GGG
Sec. GGG-1. Transfer of funds. Notwithstanding any other provision of law, for fiscal years 2015-16 and 2016-17, the Department of Health and Human Services may transfer available balances of appropriations from the State-funded Foster Care/Adoption Assistance program in the All Other line category to the Office of Child and Family Services - Central and the Office of Child and Family Services - District programs to fund expenditures in the Personal Services or All Other line category that are incurred due to the cost of administering the child welfare program. These amounts may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART HHH
Sec. HHH-1. 20-A MRSA c. 333 is enacted to read:
CHAPTER 333
COMMUNITY SCHOOLS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
Beginning October 1, 2015, a school board may designate an existing school or establish a new school as a community school.
The department is authorized to designate 3 community schools established in accordance with this chapter as part of a 5-year pilot project beginning in the 2016-2017 school year. The commissioner shall provide state funding to the school administrative units in which the designated community schools are located and may employ a state community school coordinator to implement this pilot project. Annual state allocations for this pilot project may not exceed $150,000.
This section is repealed July 1, 2021.
Sec. HHH-2. 20-A MRSA §15689-A, sub-§25 is enacted to read:
PART III
Sec. III-1. 2 MRSA §6, sub-§2, as amended by PL 2013, c. 491, §1, is further amended to read:
Sec. III-2. 2 MRSA §6, sub-§11, as amended by PL 2007, c. 539, Pt. N, §2, is further amended to read:
PART JJJ
Sec. JJJ-1. Department of Health and Human Services; transfer of funds for MaineCare payments authorized. Notwithstanding any provision of law, for fiscal years 2015-16 and 2016-17 only, available balances of appropriations, excluding balances in the IV-E Foster Care/Adoption Assistance and State-funded Foster Care/Adoption Assistance programs, including available balances of Personal Services appropriations from any account within the Department of Health and Human Services, may be transferred between MaineCare, MaineCare-related and non-MaineCare-related accounts by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
Sec. JJJ-2. Transfer of Personal Services balances to All Other; state psychiatric centers. Notwithstanding any other provision of law, for fiscal years 2015-16 and 2016-17 only, the Department of Health and Human Services is authorized to transfer available balances of Personal Services appropriations in the Disproportionate Share - Dorothea Dix Psychiatric Center program, the Disproportionate Share - Riverview Psychiatric Center program and the Riverview Psychiatric Center program after all salary, benefit and other obligations are met to the All Other line category of those programs in order to provide funding for an electronic medical records system. These amounts may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART KKK
Sec. KKK-1. 22 MRSA §259, sub-§1, as amended by PL 2001, c. 667, Pt. C, §12, is further amended to read:
PART LLL
Sec. LLL-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2015, the State Controller shall transfer $386,000 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.
PART MMM
Sec. MMM-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2015, the State Controller shall transfer $37,000 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, 2016, the State Controller shall transfer $37,000 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.
PART NNN
Sec. NNN-1. 12 MRSA §10251, sub-§4, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
PART OOO
Sec. OOO-1. 12 MRSA §10202, sub-§9, as amended by PL 2013, c. 368, Pt. ZZ, §1, is further amended to read:
PART PPP
Sec. PPP-1. 20-A MRSA §6602, sub-§12, as enacted by PL 2001, c. 447, §1, is amended to read:
Sec. PPP-2. 20-A MRSA §6602, sub-§§13 to 15 are enacted to read:
PART QQQ
Sec. QQQ-1. 14 MRSA §1215, as amended by PL 1991, c. 528, Pt. E, §13 and affected by Pt. RRR and amended by c. 591, Pt. E, §13, is further amended to read:
A juror is entitled to paid mileage at the rate of 15¢ per mile for travel expenses from the juror's residence to the place of holding court and return and , except that, beginning July 1, 2016, a juror is entitled to paid mileage at the rate established in Title 5, section 8. A juror is entitled to compensation at the rate of $10 $15 for each day of required attendance at sessions of the court.
PART RRR
Sec. RRR-1. 36 MRSA §5217-D, sub-§1, ¶A, as amended by PL 2013, c. 525, §15, is further amended to read:
A. "Benchmark loan payment" means the monthly loan payment for the amount of the principal cap paid over 10 years at the interest rate for federally subsidized Stafford loans under 20 United States Code, Section 1077a applicable during the individual's last year of enrollment at an accredited Maine community college, college or university or an accredited non-Maine community college, college or university under paragraph G, subparagraph (1), division (b).
Sec. RRR-2. 36 MRSA §5217-D, sub-§1, ¶¶B-1 and D-1, as enacted by PL 2013, c. 525, §15, are amended to read:
B-1. "Financial aid package" means financial aid obtained by a student after December 31, 2007 for attendance at an accredited Maine community college, college or university after December 31, 2007. For purposes of a qualified individual claiming a credit under this section for tax years beginning on or after January 1, 2013, the financial aid package may include financial aid obtained for up to 30 credit hours of course work at an accredited non-Maine community college, college or university earned prior to transfer to an accredited Maine community college, college or university, if the 30 credit hours were earned after December 31, 2007 and the transfer occurred after December 31, 2012. For purposes of a qualified individual claiming a credit under this section for tax years beginning on or after January 1, 2016, who is eligible for a credit under paragraph G, subparagraph (1), division (b), the financial aid package may include financial aid obtained by a student for attendance at an accredited non-Maine community college, college or university after December 31, 2007. For purposes of a qualified individual claiming a credit under this section for tax years beginning on or after January 1, 2016, who is eligible for a credit under paragraph G, subparagraph (1), division (c), the financial aid package may include financial aid obtained by a student for attendance at an accredited Maine college or university after December 31, 2007. For purposes of an employer claiming a credit under this section for tax years beginning on or after January 1, 2013, the financial aid package may include financial aid obtained by a qualified employee after December 31, 2007 for attendance at an accredited non-Maine community college, college or university after December 31, 2007. The financial aid package may include private loans or less than the full amount of loans under federal programs, depending on the practices of the accredited Maine or non-Maine community college, college or university. Loans are includable in the financial aid package only if entered into prior to July 1, 2023.
D-1.
"Principal cap" means:
(1) For an individual graduating from an accredited Maine community college, college or university before January 1, 2015, the amount calculated by the State Tax Assessor under Title 20-A, section 12542, former subsection 2-A;
(2) For an individual obtaining a bachelor's degree and graduating from an accredited Maine community college, college or university on or after January 1, 2015, the average in-state tuition and mandatory fees for attendance at the University of Maine System for the academic year ending during the calendar year prior to the year of graduation multiplied by 4; and
(3) For an individual obtaining an associate degree and graduating from an accredited Maine community college, college or university on or after January 1, 2015, the average in-state tuition and mandatory fees for attendance at the Maine Community College System for the academic year ending during the calendar year prior to the year of graduation multiplied by 2 . ; and
(4) For an individual obtaining a graduate degree and graduating from an accredited Maine college or university, the average in-state tuition and mandatory fees for attendance at the University of Maine System for the academic year ending during the calendar year prior to the year of graduation multiplied by 4.
Sec. RRR-3. 36 MRSA §5217-D, sub-§1, ¶G, as amended by PL 2013, c. 525, §15, is further amended to read:
G.
"Qualified individual" means an individual, including the spouse filing a joint return with the individual under section 5221, who is eligible for the credit provided in this section. An individual is eligible for the credit if the individual:
(1) Attended , and obtained an associate or a bachelor's degree from, an accredited Maine community college, college or university after December 31, 2007. The individual need not obtain the degree from the institution in which that individual originally enrolled, as long as all course work toward the degree is performed at an accredited Maine community college, college or university, except that an individual who transfers to an accredited Maine community college, college or university after December 31, 2012 from outside the State and earned no more than 30 credit hours of course work toward the degree at an accredited non-Maine community college, college or university after December 31, 2007 and prior to the transfer is eligible for the credit if all other eligibility criteria are met. Program eligibility for such an individual must be determined as if the commencement of course work at the relevant accredited Maine community college, college or university was the commencement of course work for the degree program as a whole; :
(a) An associate or bachelor's degree from an accredited Maine community college, college or university after December 31, 2007;
(b) An associate or bachelor's degree from an accredited non-Maine community college, college or university after December 31, 2007; or
(c) A graduate degree from an accredited Maine college or university after December 31, 2007;
(2) Was a Maine resident while in attendance at the accredited Maine community college, college or university. For purposes of this subparagraph, "Maine resident" has the same meaning as in Title 20-A, section 12541, subsection 5;
(3) Lived in Maine while pursuing the degree, excepting periods when it was reasonably necessary for the individual to live elsewhere as part of the relevant institution's academic programs or while pursuing course work at an accredited non-Maine community college, college or university as provided in subparagraph (1);
(4) During the taxable year, was a resident individual; and
(5) Worked during the taxable year:
(a) For tax years beginning prior to January 1, 2015, at least part time for an employer located in this State or, for tax years beginning on or after January 1, 2013, was, during the taxable year, deployed for military service in the United States Armed Forces, including the National Guard and the Reserves of the United States Armed Forces; or
(b) For tax years beginning on or after January 1, 2015, at least part time in this State for an employer or as a self-employed individual or was, during the taxable year, deployed for military service in the United States Armed Forces, including the National Guard and the Reserves of the United States Armed Forces.
As used in this subparagraph, "deployed for military service" has the same meaning as in Title 26, section 814, subsection 1, paragraph A.
Sec. RRR-4. 36 MRSA §5217-D, sub-§2, ¶B, as amended by PL 2013, c. 525, §15, is further amended to read:
B. A taxpayer may claim a credit based on loan payments actually made to a relevant lender or lenders under this section only with respect to loans that are part of the qualified individual's financial aid package and, for tax years beginning on or after January 1, 2015, only with respect to loan payment amounts paid by the taxpayer during that part of the taxable year that the qualified individual worked in this State. Payment of loan amounts in excess of the amounts due during the taxable year does not qualify for the credit. Refinanced loans or consolidated loans that are part of the qualified individual's financial aid package are eligible for the credit under this section if the refinanced loans remain separate from other debt, including debt incurred in an educational program other than the degree program for which a credit is claimed but only in proportion to the portion of the loan payments that are otherwise eligible under this section. Forbearance or deferment of loan payments does not affect eligibility for the credit under this section. For tax years beginning on or after January 1, 2015, an individual who worked in this State for any part of a month during the Maine residency period of the taxable year is considered to have worked in this State for the entire month. For tax years beginning on or after January 1, 2015, an individual who worked outside this State for an entire month during the Maine residency period is considered to have worked in this State during that month, except that in no case may this exception exceed 3 months during the Maine residency period of the taxable year.
Sec. RRR-5. 36 MRSA §5217-D, sub-§2-A is enacted to read:
Sec. RRR-6. Application. This Part applies to tax years beginning on or after January 1, 2016.
PART SSS
Sec. SSS-1. 2 MRSA §6, sub-§2, as amended by PL 2013, c. 491, §1, is further amended to read:
Sec. SSS-2. 2 MRSA §6, sub-§4, as repealed and replaced by PL 2007, c. 695, Pt. A, §5 and affected by §47 and amended by PL 2011, c. 286, Pt. B, §5, is further amended to read:
PART TTT
Sec. TTT-1. 20-A MRSA §6103, sub-§3-A, as amended by PL 2005, c. 519, Pt. I, §1, is further amended to read:
Sec. TTT-2. 20-A MRSA §6103, sub-§6, as amended by PL 2005, c. 457, Pt. CC, §3, is further amended to read:
Sec. TTT-3. 20-A MRSA §6103, sub-§10, as enacted by PL 2005, c. 457, Pt. CC, §4, is amended to read:
Sec. TTT-4. 25 MRSA §1541, sub-§6, as amended by PL 2013, c. 267, Pt. B, §22, is further amended to read:
Sec. TTT-5. Transfer of funds. Notwithstanding any other provision of law, the Department of Education shall transfer $500,000 from the Criminal History Record Check Fund program, Other Special Revenue Funds account to the Department of Public Safety, State Police program, Other Special Revenue Funds account by July 31, 2015.
PART UUU
Sec. UUU-1. Carrying provision; Department of Secretary of State, Administration - Archives. Notwithstanding any other provision of law, the State Controller shall carry forward any unexpended balance in the Personal Services and All Other line categories at the end of fiscal years 2014-15 and 2015-16 to the next fiscal year in the Department of Secretary of State, Administration - Archives program. The amounts carried forward may be transferred to the All Other line category upon the recommendation of the State Budget Officer and approval of the Governor for the purpose of providing funding for archive activities.
PART VVV
Sec. VVV-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 $900,000 by August 15, 2015 and $750,000 by August 15, 2016 from the General Fund unappropriated surplus to the Callahan Mine Site Restoration program, Other Special Revenue Funds account within the Department of Transportation to be used to design and implement clean-up initiatives at the Callahan Mine site.
PART WWW
Sec. WWW-1. 34-A MRSA §1403, sub-§2, ¶D, as enacted by PL 2013, c. 491, §3, is amended to read:
D. The commissioner may appoint and set the salary for a director of operations , and a policy development coordinator and a media and public information officer to assist in carrying out the responsibilities of the department. An appointment is for an indeterminate term and until a successor is appointed and qualified or during the pleasure of the commissioner.
PART XXX
Sec. XXX-1. Continuation of limited-period positions. Notwithstanding any provision of law to the contrary, all limited-period positions throughout State Government that are scheduled to expire during June 2015 are continued until August 1, 2015.
PART YYY
Sec. YYY-1. Transfer to General Fund; Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $100,000 no later than June 30, 2016 from the Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus.
Sec. YYY-2. Transfer to General Fund; Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $100,000 no later than June 30, 2017 from the Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus.
PART ZZZ
Sec. ZZZ-1. 5 MRSA §2002, sub-§11, as enacted by PL 2005, c. 12, Pt. SS, §16, is amended to read:
Sec. ZZZ-2. 5 MRSA §2006, sub-§4, as enacted by PL 2013, c. 122, §1, is amended to read:
PART AAAA
Sec. AAAA-1. Department of Administrative and Financial Services, Information Services program, General Fund account carry-forward. Notwithstanding any provision of law to the contrary, any balance remaining in the Department of Administrative and Financial Services, Information Services program, General Fund account at the close of fiscal year 2015-16 and fiscal year 2016-17 may not lapse and must be carried forward in the same program.
PART BBBB
Sec. BBBB-1. 20-A MRSA §12730 is enacted to read:
PART CCCC
Sec. CCCC-1. 29-A MRSA §501, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. CCCC-2. 36 MRSA §1483, sub-§15, as amended by PL 2007, c. 404, §2 and affected by §4, is further amended to read:
PART DDDD
Sec. DDDD-1. 5 MRSA §17704-B, as amended by PL 2009, c. 213, Pt. SSS, §2 and c. 474, §18, is further amended to read:
PART EEEE
Sec. EEEE-1. Use of salary plan authorized. Notwithstanding any provision of law to the contrary, the State Budget Officer may transfer up to $6,500,000 in the fiscal year ending June 30, 2016 and up to $6,500,000 in the fiscal year ending June 30, 2017 from the Salary Plan program, General Fund account in the Department of Administrative and Financial Services to programs within the Department of Corrections to implement wage adjustments to aid in the recruitment and retention of employees and to provide parity between state correctional employees and county or regional jail employees who perform direct care or supervision of prisoners.
PART FFFF
Sec. FFFF-1. Vacancy report. The Department of Administrative and Financial Services, Bureau of the Budget shall review vacant positions, regardless of funding source. The bureau shall submit a report on its findings to the Joint Standing Committee on Appropriations and Financial Affairs by September 30, 2015 with any recommendations for eliminating vacant positions. The report must also be delivered to the Joint Standing Committee on Transportation if the report includes any positions that are partially or wholly funded by the Highway Fund or by internal service funds, enterprise funds or Other Special Revenue Funds accounts of the Department of Transportation, the Department of Public Safety or the Department of the Secretary of State.
PART GGGG
Sec. GGGG-1. Distribution of assistant district attorney positions. The Attorney General and the 8 district attorneys shall jointly develop a proposed policy on the distribution of assistant district attorney positions across all prosecutorial districts that is equitable to each district. The Attorney General and the district attorneys shall jointly submit a written report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Judiciary by September 1, 2015. The report must contain the proposed policy, a description of the process used to develop the proposed policy and any other information the Attorney General and the district attorneys believe is relevant. The Joint Standing Committee on Judiciary may report out legislation related to the report to the Second Regular Session of the 127th Legislature.
PART HHHH
Sec. HHHH-1. Commission established. Notwithstanding Joint Rule 353, the Commission To Study the Public Reserved Lands Management Fund, referred to in this Part as "the commission," is established.
Sec. HHHH-2. Commission membership. The commission consists of the following members:
1. Two members of the Senate, appointed by the President of the Senate, including one member from each of the 2 parties holding the largest number of seats in the Legislature;
2. Three members of the House of Representatives, appointed by the Speaker of the House, including at least one member from each of the 2 parties holding the largest number of seats in the Legislature;
3. Four members appointed by the President of the Senate as follows:
A. A commercial wood harvester;
B. A state-licensed forester;
C. A scientist who has studied forest health and management; and
D. A representative of the tourism industry;
4. Four members appointed by the Speaker of the House as follows:
A. A representative of a conservation organization;
B. An individual who represents outdoor recreation interests;
C. A representative of commercial timber holdings in the State; and
D. A representative of a sportsman's group;
5. The Commissioner of Agriculture, Conservation and Forestry, or the commissioner's designee; and
6. The Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry, or the director's designee.
Sec. HHHH-3. Chairs. The first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission.
Sec. HHHH-4. Appointments; convening of commission. All appointments must be made no later than 30 days following the effective date of this Part. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the commission within 45 days. If 30 days or more after the effective date of this Part a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the commission to meet and conduct its business.
Sec. HHHH-5. Duties. The commission shall meet a minimum of 4 times to review, study and analyze:
1. The proper use of the Public Reserved Lands Management Fund established in the Maine Revised Statutes, Title 12, section 1849 and its possible expansion to other uses;
2. The proper sustainable harvest levels on state land and how best to maintain those levels;
3. How best to manage public lands to preserve forests for recreation, wildlife habitat and public use while ensuring a healthy working forest;
4. After reviewing data and current science, how best to manage the State's public lands to deal with possible pest and disease issues;
5. Investments in public lands to increase access to public lands and spur rural economic development;
6. The impact of outdoor recreation on the State's tourism economy and the role public lands play in that economy; and
7. Any other issues the commission feels necessary to protect and manage public lands and the funds derived from those public lands.
Sec. HHHH-6. Staff assistance. The Legislative Council shall provide necessary staffing services to the commission.
Sec. HHHH-7. Report. No later than December 5, 2015, the commission shall submit a report of its findings and recommendations to date, including suggested legislation, to the Joint Standing Committee on Agriculture, Conservation and Forestry. The joint standing committee is authorized to submit a bill to the Second Regular Session of the 127th Legislature related to the subject matter of the report.
PART IIII
Sec. IIII-1. Rename Land and Water Quality program. Notwithstanding any other provision of law, the Land and Water Quality program within the Department of Environmental Protection is renamed the Water Quality program.
Sec. IIII-2. Establish Land Resources program. Notwithstanding any other provision of law, the Land Resources program is established within the Department of Environmental Protection.
PART JJJJ
Sec. JJJJ-1. 2 MRSA §6, sub-§4, as repealed and replaced by PL 2007, c. 695, Pt. A, §5 and affected by §47 and amended by PL 2011, c. 286, Pt. B, §5, is further amended to read:
Sec. JJJJ-2. 5 MRSA §938, sub-§1-A, ¶G, as enacted by PL 1995, c. 560, Pt. E, §2, is amended to read:
G. Director, Bureau of Remediation and Waste Management; and
Sec. JJJJ-3. 5 MRSA §938, sub-§1-A, ¶H, as enacted by PL 1995, c. 560, Pt. E, §2, is amended to read:
H. Director, Bureau of Land and Water Quality . ; and
Sec. JJJJ-4. 5 MRSA §938, sub-§1-A, ¶I is enacted to read:
I. Director, Bureau of Land Resources.
PART KKKK
Sec. KKKK-1. PL 2013, c. 595, Pt. H, §1 is amended to read:
Sec. H-1. Personal Services balances; Maine Health Data Organization; transfers authorized. Notwithstanding any other provision of law, in the 2014-2015 biennium and 2016-2017 bienniums, the Maine Health Data Organization upon recommendation of the State Budget Officer and approval of the Governor is authorized to transfer by financial order up to $265,450 in each fiscal year of the 2014-2015 biennium and up to $286,000 in each fiscal year of the 2016-2017 biennium in available balances of Personal Services allocations, after all salary, benefit and other obligations are met, to the All Other line category in the Maine Health Data Organization, Other Special Revenue Funds account.
PART LLLL
Sec. LLLL-1. 36 MRSA §1760, sub-§9-H is enacted to read:
Sec. LLLL-2. Effective date. This Part takes effect January 1, 2016.
PART MMMM
Sec. MMMM-1. 22 MRSA §1315, sub-§5-C, as amended by PL 1995, c. 453, §5, is further amended to read:
Sec. MMMM-2. 22 MRSA §1325, as amended by PL 1999, c. 276, §17, is further amended to read:
In addition to any other penalty imposed under this chapter, any person who violates any section of this chapter may be punished for each violation by a fine of not more than $500 or by imprisonment for not more than 6 months, or by both. A person who violates any section of this chapter or rules adopted pursuant to this chapter commits a Class E crime. In addition, other than for a violation covered under section 1316-A, the department may, in accordance with Title 5, chapter 375, subchapter 4, impose an administrative penalty not to exceed $500 for a violation of this chapter or rules adopted pursuant to this chapter. Each day a violation continues constitutes a separate offense. Violations existing within individual dwelling units are considered separate violations. An action commenced by the department to enforce any administrative penalty imposed under this section may be brought in the name of the State in the Superior Court in the county where the violation occurred or in Kennebec County and must be prosecuted by the Attorney General. The court shall award to the State all costs in bringing the enforcement action as well as reasonable interest on penalties not paid. This section does not limit the authority of the Department of Environmental Protection to seek penalties for violations under the authority of Title 38, section 349. All penalties and awards collected under this section must be deposited in the Lead Poisoning Prevention Fund established under section 1322-E.
Sec. MMMM-3. 22 MRSA §1326, as amended by PL 2005, c. 530, §5, is further amended to read:
If the lead-based substance remains an environmental lead hazard at the expiration of 30 days or at the expiration of an extension given by the commissioner pursuant to section 1321, that is a violation of this chapter and the State, in addition to any other remedies it has, may seek a mandatory injunction ordering the environmental lead hazard removed by a suitable 3rd party at the expense of the owner of the dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school.
PART NNNN
Sec. NNNN-1. Transfer; Fund for a Healthy Maine; Maine State Housing Authority, Other Special Revenue Funds. Notwithstanding any other provision of law to the contrary, the State Controller shall transfer $200,000 from the Fund for a Healthy Maine to the Maine Home Repair Program, Other Special Revenue Funds account within the Maine State Housing Authority no later than October 1, 2015. The authority shall use the funds to provide loans and grants to low-income homeowners for repairs to remediate arsenic in drinking water.
PART OOOO
Sec. OOOO-1. 38 MRSA §341-G, sub-§1, as amended by PL 1991, c. 817, §8, is further amended to read:
PART PPPP
Sec. PPPP-1. 36 MRSA §1760, sub-§96 is enacted to read:
Sec. PPPP-2. 36 MRSA §2557, sub-§35, as enacted by PL 2009, c. 434, §34, is amended to read:
Sec. PPPP-3. 36 MRSA §2557, sub-§36, as enacted by PL 2009, c. 434, §35, is amended to read:
Sec. PPPP-4. 36 MRSA §2557, sub-§37 is enacted to read:
Sec. PPPP-5. Effective date. This Part takes effect October 1, 2015.
PART QQQQ
Sec. QQQQ-1. 5 MRSA §13090-K, sub-§2, as amended by PL 2013, c. 368, Pt. M, §1, is further amended to read:
Sec. QQQQ-2. 36 MRSA §1811, first ¶, as repealed and replaced by PL 2013, c. 588, Pt. E, §11, is amended to read:
A tax is imposed on the value of all tangible personal property, products transferred electronically and taxable services sold at retail in this State. The rate of tax is 7% on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43; 7% on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp; 10% on the value of rental for a period of less than one year of an automobile, of a pickup truck or van with a gross vehicle weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles or of a loaner vehicle that is provided other than to a motor vehicle dealer's service customers pursuant to a manufacturer’s or dealer’s warranty; 7% on the value of prepared food; and 5% on the value of all other tangible personal property and taxable services and products transferred electronically. Notwithstanding the other provisions of this section, from beginning October 1, 2013 to June 30, 2015, the rate of tax is 8% on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp; 8% on the value of prepared food; and 8% on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43 ; and 5.5% on the value of all other tangible personal property and taxable services and products transferred electronically. Value is measured by the sale price, except as otherwise provided. The value of rental for a period of less than one year of an automobile or of a pickup truck or van with a gross vehicle weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles is the total rental charged to the lessee and includes, but is not limited to, maintenance and service contracts, drop-off or pick-up fees, airport surcharges, mileage fees and any separately itemized charges on the rental agreement to recover the owner’s estimated costs of the charges imposed by government authority for title fees, inspection fees, local excise tax and agent fees on all vehicles in its rental fleet registered in the State. All fees must be disclosed when an estimated quote is provided to the lessee.
Sec. QQQQ-3. Effective date. This Part takes effect July 1, 2015.
PART RRRR
Sec. RRRR-1. Legislative Council to solicit bids. The Legislative Council shall solicit bids to purchase the equipment needed for the Maine Public Broadcasting Network to operate the Maine Capitol Connection channel.
PART SSSS
Sec. SSSS-1. Affordable housing working group. The director of the Maine State Housing Authority, referred to in this Part as "the director," or the director's designee shall convene a working group to evaluate the extent to which extremely low-income households, including families, persons with disabilities and elderly persons, lack access to safe and affordable housing and the burden that this inadequacy creates for individuals and communities. "Extremely low-income households" mean those with incomes at or below 30% of the area median income for their county or metropolitan area.
The director or the director's designee shall convene the first meeting of the working group no later than September 15, 2015.
1. Members. The working group consists of 9 voting members.
The director, or the director's designee, serves as a voting member of the working group. The director shall appoint the following 8 additional voting members:
A. The director of the office for family independence within the Department of Health and Human Services or a designee;
B. One member of a statewide organization representing Maine municipal welfare directors;
C. One member representing a nonprofit developer of affordable housing;
D. One member representing an advocacy organization representing the interests of people with low income expertise in policy and legal matters related to public benefit programs;
E. One member representing a local housing authority;
F. One member representing a nonprofit homeless service provider;
G. One member with extremely low income who has experienced housing inadequacy; and
H. One member representing a community action agency.
The working group may create subgroups to work on specific issues or initiatives and may include individuals who are not working group members.
2. Duties. The working group shall make recommendations to the director. In developing its recommendations under this subsection, the working group shall:
A. Review existing data, reports and other materials describing the extent to which Maine people with extremely low incomes lack access to safe and affordable housing, including data related to waiting lists for the United States Department of Housing and Urban Development's housing choice voucher program.
B. Assess the burden that lack of affordable housing places on municipal general assistance programs and other community resources;
C. Review the role of the Maine State Housing Authority in providing housing assistance to households with extremely low incomes;
D. Examine strategies employed by other states to improve access to affordable housing for extremely low-income people and determine best practices among those states;
E. Evaluate resources and strategies available to the Maine State Housing Authority to increase access to safe and affordable housing for extremely low-income households, including strategies to transition families or individuals from shelters to permanent housing, to address the needs of families at risk of homelessness that must rely on support from municipal general assistance programs and to assist families facing housing instability due to high housing cost burdens; and
F. Examine all state-administered housing voucher programs to determine if they are being administered in an efficacious manner through the most appropriate state agency.
3. Report. The working group shall prepare a report based on its findings under subsection 2. No later than December 1, 2015, the director of the Maine State Housing Authority shall submit the report and recommendations developed pursuant to subsection 2, including any suggested legislation, to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Labor, Commerce, Research and Economic Development. The Joint Standing Committee on Labor, Commerce, Research and Economic Development may report out a bill to implement the recommendations.
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 2016-2017 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 2015-16, the state contribution and the annual target state share percentage. This Part also delays until fiscal year 2017-18 a requirement that $4,000,000 in revenue from casinos provide start-up funds for public preschool programs. This Part authorizes the Commissioner of Education to expend and disburse funds to support school improvement activities, enhancements to career and technical education programs and performance evaluation and professional growth systems. This Part requires the Commissioner of Education to expend and disburse $75,000 in fiscal year 2015-16 and $75,000 in fiscal year 2016-17 for the College for ME - Androscoggin program. This Part also directs the Department of Education to review certain essential programs and services components.
This Part repeals the requirement that the Commissioner of Public Safety and the Attorney General pursue federal funding to establish a cold case homicide unit. This Part also repeals the provision of law that makes establishment of a cold case homicide unit contingent upon availability of federal funding. The provision of law directing the Attorney General in collaboration with the Commissioner of Public Safety to establish a cold case homicide unit is not repealed.
This Part requires $500,000 to be transferred from the General Fund undedicated revenue to the Maine Clean Election Fund on or before July 15, 2016 and the remaining $1,500,000 of the required annual transfer to be made on or before January 1, 2017.
Current law requires $2,000,000 to be transferred annually on or before January 1st.
1. Permitting a lobbyist to notify the Commission on Governmental Ethics and Election Practices of the termination of a lobbying relationship rather than requiring notice by the lobbyist's employer;
2. Removing the requirement that state employees must sign annual registration forms in order to facilitate electronic submission of registrations; and
3. Requiring the commission to deposit the entire registration fee paid by lobbyists and lobbyist associates into a special revenue account to be spent on administrative and technology costs to facilitate disclosure of lobbying and campaign finance information to the public.
This Part directs the Judicial Department to conduct or contract for architectural feasibility studies to improve court facilities in Oxford County, Waldo County and York County and report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 1, 2017.
This Part provides for an interfund advance of $37,000,000 from Other Special Revenue Funds to the General Fund unappropriated surplus required for one day at the end of fiscal year 2015-16.
This Part reduces funding for debt service.
This Part provides that, for estates of decedents dying on or after January 1, 2016, the amount excluded from the Maine estate tax is the same as the applicable federal exclusion amount, which is indexed annually for inflation.
This Part increases the homestead property tax exemption from $10,000 to $15,000 for property tax years beginning on or after April 1, 2016 and requires the State to reimburse municipalities for 100% for the property tax loss attributable to the increase in the first 2 years and 75% of the property tax loss in subsequent years.
This Part does the following.
1. It adjusts municipal revenue sharing for fiscal years 2015-16 and 2016-17 to set a fixed level of total revenue sharing transfers of $62,500,000, which is approximately the current projected level for fiscal year 2014-15.
2. It allows the State Controller to make adjustments for the actual monthly calculation of municipal revenue sharing in fiscal years 2015-16 and 2016-17 to provide for appropriate transfers back to the General Fund, keeping the revenue sharing transfers to municipalities fixed.
1. Changes the distribution of available balances in the unappropriated surplus of the General Fund. In addition to the fixed transfer replenishing the State Contingent Account up to $350,000 and the fixed transfer for the Loan Insurance Reserve up to an amount of $1,000,000, this Part establishes a fixed transfer for the Reserve for General Fund Operating Capital of $2,500,000 and a transfer for the Retiree Health Insurance Internal Service Fund up to an amount of $4,000,000 over the 2016-2017 biennium and up to an amount of $2,000,000 thereafter;
2. Changes the growth limitation factor in the laws governing limits on government spending to the 10-year average of nominal personal income growth. It eliminates the use of the 10-year average of population growth and inflation in determining the growth limitation factor plus the property growth factor;
3. Sets the biennial base year appropriation to the appropriation for the 2018-2019 biennium enacted for fiscal year 2016-17 as of December 1, 2016;
4. Eliminates all language dealing with the calculation of the state and local tax burden and how the growth limitation factor changes depending on how the state and local tax burden of this State compares to that of other states; and
5. Raises the limit on the balance in the Maine Budget Stabilization Fund from 12% of total General Fund revenues in the immediately preceding state fiscal year to 18%.
This Part authorizes new Maine Governmental Facilities Authority borrowing of $23,000,000 to provide funding for capital repairs and improvements to state facilities.
This Part reduces the amount of funding transferred from the real estate transfer tax to the Maine State Housing Authority in fiscal years 2015-16 and 2016-17 by increasing the amount transferred to the General Fund by $6,291,740 in fiscal year 2015-16 and by $6,090,367 in fiscal year 2016-17.
This Part continues authorization for each individual tax expenditure provided by statute.
This Part establishes an attrition rate of 3% for the 2016-2017 biennium for all judicial branch and executive branch departments and agencies, except that the attrition rate for the District Attorneys Salaries program is set at 0% for the 2016-2017 biennium. It also directs the State Budget Officer to consider the size of an agency when developing budgeted attrition savings. It provides agencies with 50 or fewer legislatively authorized positions an opportunity to justify any deviation from the established savings target to the State Budget Officer. It authorizes the State Budget Officer to reassign the unrealized attrition savings from smaller agencies to other agencies. It also prohibits an agency’s ability to achieve attrition savings in one fiscal year from having any effect on another fiscal year's attrition savings target. It requires the State Budget Officer to calculate and transfer the savings resulting from the increased attrition rate.
This Part authorizes the Department of Administrative and Financial Services to enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of motor vehicles for the Central Fleet Management Division.
This Part authorizes the Department of Administrative and Financial Services to enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of motor vehicles for the State Police.
This Part continues the voluntary employee incentive program for state employees through the 2016-2017 biennium.
This Part requires the State Controller to transfer $750,000 in each fiscal year of the 2016-2017 biennium from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account within the Department of Administrative and Financial Services.
This Part provides that the Director of the Division of Quality Assurance and Regulation and the Director of the Division of Animal and Plant Health, both within the Department of Agriculture, Conservation and Forestry, are no longer subject to appointment by the Commissioner of Agriculture, Conservation and Forestry.
This Part extends the requirement that the Commissioner of Corrections, or the commissioner’s designee, assume the duties of the State Board of Corrections from July 1, 2015 to July 1, 2016. This Part also requires the Commissioner of Corrections or the commissioner’s designee to distribute fiscal year 2015-16 payments to support county jail operations.
This Part transfers $700,000 in fiscal year 2015-16 from the Dirigo Health Fund to the unappropriated surplus of the General Fund.
This Part clarifies the powers and duties of the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry.
This Part provides emergency rule-making authority necessary to implement a rate increase for assigned counsel and contract counsel.
This Part requires the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry to appoint no fewer than 45 and no more than 50 Forest Ranger II positions, subject to the Civil Service Law. Additionally, the director is required to appoint no fewer than 17 forest rangers classified as follows: 3 Regional Rangers, 8 District Rangers, one Forest Fire Prevention Specialist, one Ranger Pilot Supervisor and 4 Ranger Pilots. It also adds additional forest ranger duties.
It also repeals 2 provisions of Public Law 1999, chapter 352 that require the Commissioner of Conservation to sell all bullet-proof vests, firearms and related equipment and that prohibit the commissioner from purchasing bullet-proof vests, firearms or related equipment without specific authorization by the Legislature.
This Part requires the Department of Health and Human Services to contract with a 3rd party to conduct a rate study of medication management services and outpatient services under Rule Chapter 101: MaineCare Benefits Manual, Section 65: Behavioral Health Services and all services in Section 28: Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations. The department is required to provide a report no later than January 1, 2016 to the Joint Standing Committee on Health and Human Services with findings and recommendations for changes to the rates studied.
This Part requires the State Budget Officer to calculate the unused balance of General Fund All Other appropriations to the Drug Enforcement Agency program within the Department of Public Safety savings resulting from not expending the funds for the purpose of processing crime scenes involving the seizure of methamphetamine laboratories and transfer those funds to the unappropriated surplus of the General Fund no later than June 30th of each year of the biennium. This Part also requires the State Budget Officer to calculate the unused balance of General Fund All Other appropriations to the Remediation and Waste Management program within the Department of Environmental Protection related to the transfer of one Oil and Hazardous Material Responder I position and one Oil and Hazardous Material Responder II position and related All Other from Other Special Revenue Funds to the General Fund that are not used for cleanup of illegal drug operations or natural gas contamination and transfer those funds to the unappropriated surplus of the General Fund no later than June 30th of each year of the biennium.
This Part limits to agents or representatives of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry who do not carry a firearm the exemption from the Maine Criminal Justice Academy training standards and law enforcement agency policy requirements under the Maine Revised Statutes, Title 25, chapter 341.
This Part provides an income tax exemption for benefits received under a military retirement plan up to $25,000 for tax years beginning on or after January 1, 2016.
This Part authorizes a one-time transfer of all funds in excess of $500,000 from unencumbered balance forward in the Personal Services line category in the Department of Agriculture, Conservation and Forestry, Division of Forest Protection, General Fund account to the Capital Expenditures line category in the Division of Forest Protection, General Fund account to fund the overhaul of helicopters owned by the State.
This Part limits timber harvesting on public reserved lands and nonreserved public lands to an average of 160,000 cords per year over any 3-year period. It allows the Department of Agriculture, Conservation and Forestry by rule, based on an independent timber inventory conducted after July 1, 2015, to establish a different sustainable harvest level. The rules are major substantive rules and must be reviewed by the joint standing committee of the Legislature having jurisdiction over public reserved and nonreserved lands matters.
This Part transfers the sexual assault forensic examiner training program from the Department of the Attorney General to the Department of Health and Human Services.
This Part authorizes the Department of Corrections to transfer, by financial order upon the recommendation of the State Budget Officer and the approval of the Governor, Personal Services, All Other and Capital Expenditures funding between accounts within the same fund for the purpose of paying departmental overtime expenses for the 2016-2017 biennium.
This Part provides that if an applicant for general assistance under Title 22, chapter 1161 has been released from a correctional facility within 45 days of application, the municipality of responsibility for the first 12 months of benefits is the municipality that was on record as the residence of the applicant when the applicant was committed to the correctional facility. It requires that a responsible municipality accept applications by telephone as long as the call is being made from a municipal office and the written application is contemporaneously faxed or sent electronically to the municipality of responsibility.
This Part requires the Commissioner of Corrections to review the current organizational structure of the Department of Corrections to improve organizational efficiency and authorizes the State Budget Officer to transfer positions and available balances based on the review by financial order. The ability to make these transfers as an adjustment to position count or appropriations is limited to the period of July 1st to December 1st of each fiscal year in the 2016-2017 biennium. Any transfers resulting in a program or mission change or facility closure must have legislative review prior to the submittal of the associated financial order. This Part also requires the Department of Corrections to provide quarterly reports on the positions transferred pursuant to this Part.
This Part authorizes the Department of Corrections to transfer, from the All Other line category, funds by financial order between accounts within the same fund for the purposes of paying food, heating and utility expenses for the 2016-2017 biennium.
This Part provides temporary funding for the Administration - Maine Emergency Management Agency program within the Department of Defense, Veterans and Emergency Management until federal funding becomes available.
This Part lapses $1,537,761 in each fiscal year of the biennium to the unappropriated surplus of the General Fund that is not anticipated to be needed by the Maine Technology Institute in fiscal years 2015-16 and 2016-17.
1. Removes the Chief Academic Officer and Director, Special Services Team positions from the list of major policy-influencing positions within the Department of Education. These unclassified positions are reclassified in Part A, each to a Public Service Executive II position, classified positions within the department. These reclassifications reflect the level of responsibility and function of similar classifications within the department.
2. Removes the Chief Academic Officer and Director, Special Services Team positions in the list of the Commissioner of Education's appointments within the department. This Part also eliminates the Deputy Chief of Staff position and creates a Science, Technology, Engineering and Mathematics Workforce Coordinator position in the list of the Commissioner of Education's appointments within the department.
This Part authorizes the Department of Education to purchase portable computer devices for students and educators in fiscal years 2015-16 and 2016-17.
This Part requires the State Controller to transfer $750,000 in each fiscal year of the 2016-2017 biennium, as a one-time transfer, from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account within the Department of Education.
This Part renames the PK-20, Adult Education and Federal Programs Team program within the Department of Education the Learning Systems Team program.
This Part aligns and standardizes the statutory range of licensing fees for adult and children's residential drug treatment centers, children's residential care facilities and mental health services facilities. The exact fees must be established by rule by the Department of Health and Human Services.
This Part also standardizes the terms of these licenses at 2 years.
This Part creates a stakeholder group, including representatives of patients and outpatient methadone treatment providers, to review criteria for receiving treatment, prior approvals and treatment service options for patients seeking methadone treatment services and requires the stakeholder group to provide a report with findings and recommendations to the Joint Standing Committee on Health and Human Services by December 1, 2015. It also provides that any changes made by the department pursuant to the proposed changes included in the stakeholder group's report must take effect March 1, 2016.
This Part includes a liquid asset test of no more than $50,000 per person or $75,000 per couple in eligibility determinations for the elderly low cost drug program. This is the same asset test used for the Medicare savings program.
This Part gives the Department of Health and Human Services the authority to adopt emergency rules to implement any provisions of this Act over which it has specific authority that has not been addressed by some other Part of the Act without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or welfare.
This Part allows remaining balances at the end of each fiscal year in the Consumer-directed Services program and the Bridging Rental Assistance Program, General Fund accounts in the Department of Health and Human Services to be carried forward for use by those programs in the next fiscal year.
This Part establishes the Bridging Rental Assistance Program in the Department of Health and Human Services. The program provides up to 24 months of housing assistance to persons with mental illness transitioning to Section 8 housing assistance or an alternative housing placement.
This Part authorizes the Department of Health and Human Services to transfer funds appropriated for state supplemental income for blind, disabled and elderly people authorized under Title 22, sections 3271 and 3274 by financial order to the Department of Health and Human Services, Departmentwide program.
This Part directs the Department of Transportation, in consultation with the cities of Lewiston and Auburn and the Northern New England Passenger Rail Authority, to conduct a study and complete a plan for the implementation of passenger rail service between the cities of Lewiston and Auburn and the Amtrak Downeaster service.
1. The State Controller is required to transfer $150,000 no later than July 15, 2015 from the unappropriated surplus of the General Fund to the Multimodal - Passenger Rail program, Other Special Revenue Funds account in the Department of Transportation; and
2. No later than November 1, 2015, the cities of Lewiston and Auburn are each required to remit $50,000 to the State for the purposes of funding the study and plan for the implementation of passenger rail service between the cities of Lewiston and Auburn and the Amtrak Downeaster service. The Treasurer of State is required to deposit the funds in the Multimodal - Passenger Rail program, Other Special Revenue Funds account in the Department of Transportation.
This Part authorizes the transfer of available Personal Services or All Other balances from the Department of Health and Human Services, Developmental Services - Community program account to the Crisis Outreach Program account for the 2016-2017 biennium.
This Part requires the Department of Health and Human Services to request a waiver to include as a reimbursable service under MaineCare home-delivered meals to individuals qualified for MaineCare benefits who also are experiencing transitions of care, have debilitating or acute illnesses or are primarily homebound and unable to prepare nutritious meals.
This Part authorizes the Department of Health and Human Services to transfer available balances of appropriations between the MaineCare General Fund accounts for the 2016-2017 biennium.
This Part implements the recommendations of the Task Force To End Student Hunger in Maine as follows.
1. It establishes the Commission To End Student Hunger, an ongoing commission of 11 appointed members, which is directed to work to implement a 5-year plan to end student hunger, is authorized to conduct a statewide summit of state leaders to end student hunger and is required to advise 4 hunger coordinators who will assist in implementing the 5-year plan.
2. It requires the Department of Education and the Department of Health and Human Services to meet quarterly to collaborate on child hunger and nutrition programs. The 2 departments are required to provide quarterly reports to the joint standing committee of the Legislature having jurisdiction over education matters and to the Commission To End Student Hunger. It requires the 2 departments to expand access to departmental data and to provide each school administrative unit and school with analyses of its existing child nutrition programs and their funding and federal funding not being used.
3. It requires child nutrition data to be publicly available on the websites of the Department of Education and the Department of Health and Human Services.
4. It requires the Department of Education to establish a grant program to assist schools and school administrative units in ending student hunger.
5. It requires the Department of Education and the Department of Health and Human Services to encourage the congressional delegation of the State to make participation in federal meals and snacks programs for students easier for school administrative units and nonprofit organizations and to make administration of the programs easier for the departments.
This Part authorizes the Department of Health and Human Services to transfer family support services funds in the Developmental Services - Community program to the Office of Aging and Disability Services Central Office program and the Long Term Care - Office of Aging and Disability Services program by financial order.
This Part authorizes the Department of Health and Human Services to transfer appropriations from the Nursing Facilities program to the home-based care program.
This Part authorizes the Department of Health and Human Services to transfer appropriations within the Office of Child and Family Services related to the cost of administering the child welfare program.
This Part authorizes a school board to designate an existing school or establish a new school to be a community school that participates with community partners to provide various educational and social services to students, families and community members. This Part provides the steps a school board must complete in order to establish a new community school, including conducting a community needs audit, conducting a community resource assessment and developing a community school plan, and requires that a school board that designates an existing school as a community school must also conduct a school operations and instructional audit.
This Part also authorizes the Department of Education to provide funding to support the implementation of 3 community schools.
This Part changes the salary of one deputy commissioner in the Department of Health and Human Services from range 38 to range 90.
This Part does the following.
1. It authorizes the Department of Health and Human Services to transfer by financial order any available appropriations, including those in Personal Services, between MaineCare accounts.
2. It authorizes the Department of Health and Human Services to transfer by financial order available Personal Services balances in the Disproportionate Share - Dorothea Dix Psychiatric Center program, the Disproportionate Share - Riverview Psychiatric Center program and the Riverview Psychiatric Center program in order to provide funds for an electronic medical records system.
This Part provides for the allocation of funding among Maine's federally qualified health centers to support access to primary medical, behavioral health and dental services for residents in rural and underserved communities. This funding is targeted to support the provision of primary care services for the uninsured and underinsured, as well as to assist with provider recruitment and retention.
This Part transfers funds from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to purchase one replacement aircraft in fiscal year 2015-16.
This Part transfers funds from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to purchase one replacement aircraft engine in fiscal year 2015-16 and one replacement aircraft engine in fiscal year 2016-17.
This Part amends language pertaining to the Lifetime License Fund to allow the Department of Inland Fisheries and Wildlife to request that the Treasurer of State transfer less than 5% of the Lifetime License Fund's principal balance on an annual basis.
This Part amends the Fiscal Stability Program established to support the fish and wildlife conservation programs of the Department of Inland Fisheries and Wildlife so that it begins in the 2018-2019 biennium.
This Part requires the Department of Education to develop and support local food training programs for public school food service personnel and facilitate the use of local food hubs to expand the use of local foods in schools. A local food hub is any business or organization that locates and obtains food from local growers and fisheries and is able to handle the logistics of supplying and delivering local foods to schools. It increases the limit on the amount that the State matches for the acquisition of local food by a school administrative unit if the unit sends a food service employee for training in the acquisition and use of local foods. It directs the department to develop and post a position description for school food service program personnel on its publicly accessible website and to develop an annual competitive skill-oriented school food service recognition emphasizing creative and effective use of local foods. It directs the Department of Education to apply for federal grant funding for the implementation of the local foods training program and the increased state contribution for the Local Produce Fund and it makes implementation contingent on receipt of funding. It also allows the department to accept grant funding from hospitals and other sources.
This Part, beginning July 1, 2016, ties the mileage rate paid to jurors to the rate paid by the State to state employees who use their vehicles for state business. This Part also increases the daily rate paid to jurors from $10 per day to $15 per day.
This Part makes changes to the educational opportunity tax credit.
Under existing law, an individual graduating with an associate or bachelor's degree from an accredited Maine community college, college or university after December 31, 2007 is eligible for a tax credit based on loan payments that are part of the individual's financial aid package. This Part expands eligibility for such a tax credit to individuals graduating after December 31, 2007 with an associate or bachelor's degree from a non-Maine school and to individuals graduating with a graduate degree from a Maine school, but it specifies that a credit claimed under this expanded eligibility may be claimed only on returns filed for tax years beginning on or after January 1, 2016.
This Part authorizes a range change from salary range 88 to salary range 90 for the Securities Administrator within the Office of Securities in the Department of Professional and Financial Regulation.
This Part amends the law to require that fees for criminal history record checks for school employees be deposited in an account of the Department of Public Safety rather than the Department of Education.
This Part provides that the full fee for fingerprint-supported criminal history record checks charged must be deposited in an Other Special Revenue Funds account for the purpose of paying the costs of the Department of Public Safety to administer the criminal history record checks for the Department of Education.
This Part requires that fees associated with criminal history record check requirements established after July 1, 2015 be deposited in a dedicated revenue account to pay the costs of the Department of Public Safety, State Bureau of Identification to conduct such checks.
This Part transfers the cash balance of the Criminal History Record Check Fund, projected at approximately $500,000, from the Department of Education to the Department of Public Safety.
This Part authorizes the Department of the Secretary of State to carry Personal Services and All Other funding in the Administration - Archives program and authorizes the carried funds to be transferred by financial order to the All Other line category in the same program.
This Part requires the State Controller to transfer $900,000 in fiscal year 2015-16 and $750,000 in fiscal year 2016-17 from the unappropriated surplus of the General Fund to the Callahan Mine Site Restoration program, Other Special Revenue Funds account within the Department of Transportation.
This Part removes the authority of the Commissioner of Corrections to appoint a media and public information officer.
This Part continues through August 1, 2015 limited-period positions that are set to expire during June 2015.
This Part requires the State Controller to transfer $100,000 no later than June 30th in each fiscal year of the 2016-2017 biennium from the Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus.
This Part changes the laws regarding the Maine Library of Geographic Information to specify that "state funds" includes only bond revenues and General Fund money and the laws regarding geospatial data accounts to clarify that only General Fund appropriations and bond proceeds are subject to a one-to-one match. Funds in those accounts from other sources do not require a match.
This Part provides that balances remaining in the Department of Administrative and Financial Services, Information Services program, General Fund account must be carried forward in the 2016-2017 biennium.
This Part establishes the Put ME to Work Program in the Maine Quality Centers to facilitate the establishment of job training programs at postsecondary institutions of higher education in this State by working with private businesses and postsecondary institutions of higher education to provide training to prepare workers for jobs in high-demand fields. In order to participate in the program, a business or group of businesses is required to provide at least 50% of the cost of the program, which may be through in-kind contributions.
This Part directs the Board of Trustees of the Maine Community College System to adopt necessary policies and procedures for the Maine Quality Centers, including consideration of at least 5 specific factors. It also requires program participants to use existing financial aid resources available through their sponsoring postsecondary education institution before using program resources, which may be used only for unmet expenses for tuition, fees or books.
Additionally, this Part requires participating employers under the Put ME to Work Program to hire successful trainees at a rate of at least $2.50 per hour more than the minimum hourly wage rate as set in Maine statute and to pay incumbent worker trainees an hourly wage that meets or exceeds the median wage for that occupation as identified by the Center for Workforce Research and Information within the Department of Labor.
This Part exempts from the motor vehicle excise tax adaptive equipment installed on a motor vehicle owned by a carrier engaged in furnishing passenger service for hire. It also reduces by half the motor vehicle registration fee of a passenger vehicle used for hire that is equipped with adaptive equipment to make that vehicle operable or accessible by a person with a disability.
This Part provides that the average annual rate of earnable compensation of a member of the Maine Public Employees Retirement System during the 3 years of creditable service as an employee in Maine, not necessarily consecutive, in which the member's annual rate of earnable compensation is highest must be determined as if the member had not been provided days off without pay or with reduced pay during fiscal year 2012-13 if the member elects to make a payment equal to the employee contribution that member would have made on compensation that would have been paid to that member on the days off without pay or at reduced pay.
This Part authorizes the State Budget Officer to transfer up to $6,500,000 in the fiscal year ending June 30, 2016 and in the fiscal year ending June 30, 2017 from the Salary Plan program, General Fund account in the Department of Administrative and Financial Services to programs within the Department of Corrections to implement wage adjustments to aid in the recruitment and retention of employees and to provide parity between state correctional employees and county or regional jail employees who perform similar direct care or supervision of prisoners.
This Part requires the Department of Administrative and Financial Services, Bureau of the Budget to review vacant positions and submit a report to the Joint Standing Committee on Appropriations and Financial Affairs with recommendations on eliminating vacant positions. The report must also be submitted to the Joint Standing Committee on Transportation if the report includes positions funded by the Highway Fund or by internal service funds, enterprise funds or Other Special Revenue Funds accounts of the Department of Transportation, the Department of Public Safety or the Department of the Secretary of State.
This Part requires the Attorney General and the 8 district attorneys to jointly develop a proposed policy on the distribution of assistant district attorney positions across all prosecutorial districts that is equitable to each district. The Attorney General and the district attorneys must submit a written report that contains the proposed policy, a description of the process used to develop the proposed policy and any other information the Attorney General and the district attorneys believe is relevant. The Joint Standing Committee on Judiciary is authorized to report out legislation related to the report to the Second Regular Session of the 127th Legislature.
This Part establishes the Commission To Study the Public Reserved Lands Management Fund. The commission is charged with, among other duties, reviewing and analyzing the proper use of the Public Reserved Lands Management Fund, proper sustainable harvest levels on state lands and possible investments in public lands to increase access to public lands and spur rural economic development.
This Part renames the Land and Water Quality program the Water Quality program and establishes the Land Resources program within the Department of Environmental Protection.
This Part changes, in the law establishing the salary range for certain state officials and employees and the law establishing certain positions as major policy-influencing positions in the Department of Environmental Protection, the position of Director of the Bureau of Land and Water Quality to Director of the Bureau of Water Quality and adds the position of Director of the Bureau of Land Resources.
This Part continues the authorization for the Maine Health Data Organization to transfer available Personal Services balances up to a specified amount to All Other in the Maine Health Data Organization, Other Special Revenue Funds account through the 2016-2017 biennium, the amount for the 2016-2017 biennium being raised to up to $286,000, and clarifies that the transfer is authorized in each fiscal year of the biennium and is done by financial order.
This Part provides an exemption from sales tax to certain greenhouse facilities for 95% of the sale price of fuel used by those greenhouse facilities. The exemption is repealed December 31, 2019.
This Part amends the definition of "lead poisoning" in the Lead Poisoning Control Act, making the State's standard for lead exposure in children consistent with the federal standard. In addition, this Part grants the Department of Health and Human Services authority to impose penalties for violations of the Lead Poisoning Control Act and the rules adopted pursuant to that Act.
This Part transfers $200,000 from the Fund for a Healthy Maine to the Maine State Housing Authority and specifies that the funds must be used to provide loans and grants to low-income homeowners for repairs to remediate arsenic in drinking water.
This Part provides that a portion of special revenues received by the Department of Environmental Protection related to uncontrolled hazardous substance sites must be transferred to the Board of Environmental Protection Fund. This will provide for a more equitable distribution of funding for the board's work, and the board's funding sources will more accurately reflect the subject matter actually covered by the board.
This Part provides an exemption from sales tax and service provider tax for certain nonprofit library collaboratives.
This Part maintains the sales tax on lodging, liquor sold in licensed establishments and prepared food at 8% after July 1, 2015.
This Part requires the Legislative Council to solicit bids for the equipment needed for the Maine Public Broadcasting Network to operate the Maine Capitol Connection channel.
This Part establishes a working group to evaluate the extent to which extremely low-income households, including families, persons with disabilities and elderly persons, lack access to safe and affordable housing and the burden that this inadequacy creates for individuals and communities. It requires the director of the Maine State Housing Authority to appoint the members of the working group and convene the first meeting no later than September 15, 2015 and to report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Labor, Commerce, Research and Economic Development with the working group's recommendations and any suggested legislation no later than December 1, 2015. It authorizes the Joint Standing Committee on Labor, Commerce, Research and Economic Development to report out a bill to implement the legislation.