Amend the amendment by striking out all of Part H.
Amend the amendment by striking out all of Part J and inserting the following:
PART J
‘
Sec. J-1. 36 MRSA §4102, sub-§5, as enacted by PL 2011, c. 380, Pt. M, §9, is amended to read:
Sec. J-2. 36 MRSA §4103, sub-§1, as enacted by PL 2011, c. 380, Pt. M, §9, is amended to read:
Sec. J-3. Application. That Section of this Part that amends the Maine Revised Statutes, Title 36, section 4103 applies to estates of decedents dying on or after January 1, 2016.’
Amend the amendment by striking out all of Part K and inserting the following:
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:
Amend the amendment by striking out all of Part L and inserting the following:
PART L
‘
Sec. L-1. 30-A MRSA §5681, sub-§5, as amended by PL 2009, c. 213, Pt. S, §4 and affected by §16, is further amended to read:
Amend the amendment by striking out all of Part EE and inserting the following:
PART EE
‘
Sec. EE-1. 20-A MRSA §11475, sub-§2, as enacted by PL 1997, c. 732, §4, is amended to read:
Sec. EE-2. 36 MRSA §5111, sub-§1-D, as enacted by PL 2013, c. 368, Pt. Q, §4, is amended to read:
Sec. EE-3. 36 MRSA §5111, sub-§§1-E and 1-F are enacted to read:
Sec. EE-4. 36 MRSA §5111, sub-§2-D, as enacted by PL 2013, c. 368, Pt. Q, §6, is amended to read:
Sec. EE-5. 36 MRSA §5111, sub-§§2-E and 2-F are enacted to read:
Sec. EE-6. 36 MRSA §5111, sub-§3-D, as enacted by PL 2013, c. 368, Pt. Q, §8, is amended to read:
Sec. EE-7. 36 MRSA §5111, sub-§§3-E and 3-F are enacted to read:
Sec. EE-8. 36 MRSA §5122, sub-§1, ¶JJ is enacted to read:
JJ.
For tax years beginning on or after January 1, 2016, an amount equal to the taxpayer base multiplied by the following fraction:
(1) For single individuals and married persons filing separate returns, the numerator is the taxpayer's Maine adjusted gross income less $70,000, except that the numerator may not be less than zero, and the denominator is $75,000. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $70,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3;
(2) For individuals filing as heads of households, the numerator is the taxpayer's Maine adjusted gross income less $105,000, except that the numerator may not be less than zero, and the denominator is $112,500. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $105,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3; or
(3) For individuals filing married joint returns or surviving spouses, the numerator is the taxpayer's Maine adjusted gross income less $140,000, except that the numerator may not be less than zero, and the denominator is $150,000. In no case may the fraction contained in this subparagraph produce a result that is more than one. The $140,000 amount used to calculate the numerator in this subparagraph must be adjusted for inflation in accordance with section 5403, subsection 3.
For purposes of this paragraph, "taxpayer base" means either the taxpayer’s applicable standard deduction amount for the taxable year determined under section 5124-B or, if itemized deductions are claimed, the taxpayer’s itemized deductions claimed for the taxable year determined under section 5125.
Sec. EE-9. 36 MRSA §5122, sub-§2, ¶M-1, as amended by PL 2013, c. 546, §13, is further amended to read:
M-1.
For tax years beginning on or after January 1, 2014, for each individual who is a primary recipient of retirement plan benefits under an employee retirement plan or an individual retirement account, 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 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. The social security benefits and railroad retirement benefits reduction does not apply to benefits paid under a military retirement plan.For purposes of this paragraph, the following terms have the following meanings.
(1) "Employee retirement plan" means a state , or 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. "Employee retirement plan" does not include a military retirement plan or survivor benefits under such a plan.
(2) "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.
(3) "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.
(4) "Pension deduction amount" means $10,000 for tax years beginning on or after January 1, 2014.
(5) "Primary recipient" means the individual upon whose earnings or contributions the retirement plan benefits are based or the surviving spouse of that individual.
(6) "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);
Sec. EE-10. 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 equal to the aggregate of retirement benefits under military retirement plans included in the individual’s federal adjusted gross income; 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);
Sec. EE-11. 36 MRSA §5122, sub-§2, ¶T, as amended by PL 2005, c. 519, Pt. LLL, §1 and c. 622, §26, is repealed.
Sec. EE-12. 36 MRSA §5122, sub-§2, ¶Y, as amended by PL 2007, c. 539, Pt. CCC, §6 and c. 689, §1 and affected by §4, is repealed.
Sec. EE-13. 36 MRSA §5124-A, as amended by PL 2013, c. 368, Pt. TT, §9, is further amended to read:
The For tax years beginning before January 1, 2016, the standard deduction of a resident individual is equal to the standard deduction as determined in accordance with the Code, Section 63, except that, for tax years beginning in 2013, the standard deduction is $10,150 in the case of individuals filing a married joint return and surviving spouses permitted to file a joint return and $5,075 in the case of a married individual filing a separate return.
Sec. EE-14. 36 MRSA §5124-B is enacted to read:
For tax years beginning on or after January 1, 2016, the standard deduction of a resident individual is equal to the sum of the basic standard deduction and any additional standard deduction.
Sec. EE-15. 36 MRSA §5125, sub-§3, ¶C, as amended by PL 2003, c. 390, §34, is further amended to read:
C. Reduced by any amount of deduction attributable to income taxable to financial institutions under chapter 819; and
Sec. EE-16. 36 MRSA §5125, sub-§3, ¶D, as amended by PL 2011, c. 380, Pt. N, §8 and affected by §§19 and 20, is further amended to read:
D. Reduced by any amount attributable to interest or expenses incurred in the production of income exempt from tax under this Part ; and .
Sec. EE-17. 36 MRSA §5125, sub-§3, ¶E, as amended by PL 2011, c. 380, Pt. N, §9 and affected by §§19 and 20, is repealed.
Sec. EE-18. 36 MRSA §5125, sub-§5, as enacted by PL 2013, c. 590, §1, is repealed.
Sec. EE-19. 36 MRSA §5213-A is enacted to read:
For tax years beginning on or after January 1, 2016, individuals are allowed a credit as computed under this section against the taxes imposed under this Part.
Sec. EE-20. 36 MRSA §5215, sub-§6-C is enacted to read:
Sec. EE-21. 36 MRSA §5216-C, as enacted by PL 1999, c. 475, §6 and affected by §7, is repealed.
Sec. EE-22. 36 MRSA §5217, sub-§5 is enacted to read:
Sec. EE-23. 36 MRSA §5217-C, sub-§4 is enacted to read:
Sec. EE-24. 36 MRSA §5218, sub-§4, as amended by PL 2003, c. 391, §10, is further amended to read:
Sec. EE-25. 36 MRSA §5219-A, as amended by PL 2003, c. 390, §§46 and 47, is repealed.
Sec. EE-26. 36 MRSA §5219-C, as amended by PL 2007, c. 627, §90, is repealed.
Sec. EE-27. 36 MRSA §5219-M, sub-§4, ¶C, as enacted by PL 2001, c. 358, Pt. M, §4 and affected by §6, is amended to read:
C. Except as otherwise provided by subsection 5, paragraph B, to reduce a person's tax liability by more than $100,000, after the allowance of all other tax credits except for the credits credit allowed under s ections 5216-C and section 5219-L.
Sec. EE-28. 36 MRSA §5219-M, sub-§7 is enacted to read:
Sec. EE-29. 36 MRSA §5219-O, sub-§5 is enacted to read:
Sec. EE-30. 36 MRSA §5219-Q, sub-§5 is enacted to read:
Sec. EE-31. 36 MRSA §5219-S, sub-§4, as enacted by PL 2007, c. 693, §31, is amended to read:
Sec. EE-32. 36 MRSA §5219-X, sub-§5, as enacted by PL 2003, c. 698, §1, is amended to read:
Sec. EE-33. 36 MRSA §5403, as repealed and replaced by PL 2013, c. 551, §4, is repealed and the following enacted in its place:
On or about September 15th of each year as specified in subsections 1 to 6, the assessor shall multiply the cost-of-living adjustment for taxable years beginning in the succeeding calendar year by the following:
Except for subsection 5, paragraphs A and B, if the dollar amount of each item, adjusted by the application of the cost-of-living adjustment, is not a multiple of $50, any increase must be rounded to the next lowest multiple of $50.
If the cost-of-living adjustment for any taxable year would be less than the cost-of-living adjustment for the preceding calendar year, the cost-of-living adjustment is the same as for the preceding calendar year. The assessor shall incorporate such changes into the income tax forms, instructions and withholding tables for the taxable year.
Sec. EE-34. Application. Those sections of this Part that amend the Maine Revised Statutes, Title 20-A, section 11475, subsection 2 and Title 36, section 5122, subsection 2, paragraph M-1, section 5124-A, section 5218, subsection 4 and section 5219-S, subsection 4; and that repeal Title 36, section 5122, subsection 2, paragraphs T and Y and sections 5216-C, 5219-A and 5219-C apply to tax years beginning on or after January 1, 2016.’
Amend the amendment by striking out all of Part PPPP.
Amend the amendment by striking out all of Part QQQQ and inserting the following:
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 §1752, sub-§3-B, as amended by PL 1999, c. 698, §1 and affected by §3, is further amended to read:
Sec. QQQQ-3. 36 MRSA §1752, sub-§14-F is enacted to read:
Sec. QQQQ-4. 36 MRSA §1760, sub-§§98 and 99 are enacted to read:
Sec. QQQQ-5. 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 October 1, 2013 to June 30 December 31, 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; 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. Notwithstanding the other provisions of this section, beginning January 1, 2016, the rate of tax is 9% 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; 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-6. 36 MRSA §1812, sub-§1, ¶F is enacted to read:
F.
If the tax rate is 9%:
Amount of Sale Price |
Amount of Tax |
$0.01 to $0.05, inclusive |
0¢ |
.06 to .11, inclusive |
1¢ |
.12 to .22, inclusive |
2¢ |
.23 to .33, inclusive |
3¢ |
.34 to .44, inclusive |
4¢ |
.45 to .56, inclusive |
5¢ |
.57 to .67, inclusive |
6¢ |
.68 to .78, inclusive |
7¢ |
.79 to .89, inclusive |
8¢ |
.90 to 1.00, inclusive |
9¢ |
Sec. QQQQ-7. Application date. This Part applies to sales occurring on or after January 1, 2016 except that the section of this Part that amends the Maine Revised Statutes, Title 36, section 1811, first paragraph, applies to sales occurring on or after July, 2015 and the sections that enact Title 36, section 1760, subsections 98 and 99, apply to sales occurring on or after October 1, 2015.’
Amend the amendment by inserting after Part SSSS the following:
PART TTTT
‘
Sec. TTTT-1. 22 MRSA §3736, sub-§3 is enacted to read:
Sec. TTTT-2. 22 MRSA §3762, sub-§3, ¶B, as amended by PL 2013, c. 368, Pt. OO, §3 and Pt. UUU, §1 and affected by §2, is enacted to read:
B.
The department may use funds, insofar as resources permit, provided under and in accordance with the United States Social Security Act or state funds appropriated for this purpose or a combination of state and federal funds to provide assistance to families under this chapter. In addition to assistance for families described in this subsection, funds must be expended for the following purposes:
(1) To continue the pass-through of the first $50 per month of current child support collections and the exclusion of the $50 pass-through from the budget tests and benefit calculations;
(2) To provide financial assistance to noncitizens legally admitted to the United States who are receiving assistance under this subsection as of July 1, 2011. Recipients of assistance under this subparagraph are limited to the categories of noncitizens who would be eligible for the TANF programs but for their status as aliens under PRWORA. Eligibility for the TANF program for these categories of noncitizens must be determined using the criteria applicable to other recipients of assistance from the TANF program. Any household receiving assistance as of July 1, 2011 may continue to receive assistance, as long as that household remains eligible, without regard to interruptions in coverage or gaps in eligibility for service. A noncitizen legally admitted to the United States who is neither receiving assistance on July 1, 2011 nor has an application pending for assistance on July 1, 2011 that is later approved is not eligible for financial assistance through a state-funded program unless that noncitizen is:
(a) Elderly or disabled, as described under the laws governing supplemental security income in 42 United States Code, Sections 1381 to 1383f (2010);
(b) A victim of domestic violence;
(c) Experiencing other hardship, such as time necessary to obtain proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; or
(d) Unemployed but has obtained proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A;
(3) To provide benefits to certain 2-parent families whose deprivation is based on physical or mental incapacity;
(4) To provide an assistance program for needy children, 19 to 21 years of age, who are in full-time attendance in secondary school. The program is operated for those individuals who qualify for TANF under the United States Social Security Act, except that they fail to meet the age requirement, and is also operated for the parent or caretaker relative of those individuals. Except for the age requirement, all provisions of TANF, including the standard of need and the amount of assistance, apply to the program established pursuant to this subparagraph;
(5) To provide assistance for a pregnant woman who is otherwise eligible for assistance under this chapter, except that she has no dependents under 19 years of age. An individual is eligible for the monthly benefit for one eligible person if the medically substantiated expected date of the birth of her child is not more than 90 days following the date the benefit is received;
(6) To provide a special housing allowance for TANF families whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 75% of their monthly income. The special housing allowance is limited to $200 per month for each family. For purposes of this subparagraph, "monthly income" means the total of the TANF monthly benefit and all income countable under the TANF program, plus child support received by the family, excluding the $50 pass-through payment;
(7) In determining benefit levels for TANF recipients who have earnings from employment, the department shall disregard from monthly earnings the following:
(a) One hundred and eight dollars;
(b) Fifty percent of the remaining earnings that are less than the federal poverty level; and
(c) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs;
(7-A) In determining eligibility and benefit levels, the department may apply a gross income test only to applicants and not to recipients;
(8) In cases when the TANF recipient has no child care cost, the monthly TANF benefit is the maximum payment level or the difference between the countable earnings and the standard of need established by rule adopted by the department, whichever is lower;
(9) In cases when the TANF recipient has child care costs, the department shall determine a total benefit package, including TANF cash assistance, determined in accordance with subparagraph (7) and additional child care assistance, as provided by rule, necessary to cover the TANF recipient's actual child care costs up to the maximum amount specified in section 3782-A, subsection 5. The benefit amount must be paid as provided in this subparagraph.
(a) Before the first month in which child care assistance is available to an ASPIRE-TANF recipient under this paragraph and periodically thereafter, the department shall notify the recipient of the total benefit package and the following options of the recipient: to receive the total benefit package directly; or to have the department pay the recipient's child care assistance directly to the designated child care provider for the recipient and pay the balance of the total benefit package to the recipient.
(b) If an ASPIRE-TANF recipient notifies the department that the recipient chooses to receive the child care assistance directly, the department shall pay the total benefit package to the recipient.
(c) If an ASPIRE-TANF recipient does not respond or notifies the department of the choice to have the child care assistance paid directly to the child care provider from the total benefit package, the department shall pay the child care assistance directly to the designated child care provider for the recipient. The department shall pay the balance of the total benefit package to the recipient;
(10) Child care assistance under this paragraph must be paid by the department in a prompt manner that permits an ASPIRE-TANF recipient to access child care necessary for work; and
(11) The department shall adopt rules pursuant to Title 5, chapter 375 to implement this subsection. Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. TTTT-3. 22 MRSA §3762, sub-§8, ¶B, as amended by PL 2013, c. 97, §1, is further amended to read:
B. The department shall provide limited transitional transportation benefits to meet employment-related costs to ASPIRE-TANF program participants who lose eligibility for TANF assistance due to employment. The department may also make transitional transportation benefits available to families in which one or both adults are working and who, although they remain financially eligible for TANF benefits, request that their benefits be terminated. Benefits may be provided for up to 12 18 months following loss of TANF eligibility. The department may adopt rules that impose a weekly limit on available transitional transportation benefits and that require a contribution from each participant toward the cost of transportation.
Sec. TTTT-4. 22 MRSA §3769-D is enacted to read:
In fiscal year 2016-17 and annually thereafter, the Department of Health and Human Services may use $500,000 in funds provided under the Temporary Assistance for Needy Families block grant to promote financial literacy and healthy savings habits of families with income less than 200% of the federal poverty guidelines through the placement of funds in family development accounts established pursuant to Title 10, chapter 110, subchapter 4-A.
PART UUUU
Sec. UUUU-1. 22 MRSA §4311, as amended by PL 2013, c. 368, Pt. OO, §§10 and 11, is further amended to read:
PART VVVV
Sec. VVVV-1. 22 MRSA §3104-A, sub-§1, as amended by PL 2013, c. 368, Pt. OO, §§1 and 2, is further amended to read:
Sec. VVVV-2. 22 MRSA §3273, sub-§9, ¶A, as enacted by PL 1997, c. 643, Pt. WW, §1, is amended to read:
A. The department shall provide assistance to all aliens lawfully residing in the United States who would be eligible for assistance under the federal supplemental security income program, 42 United States Code, Section 1381, et seq. except for the provisions of Sections 401, 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and who are receiving assistance under this section on July 1, 2015. A household that is receiving assistance under this section as of July 1, 2015 may continue to receive assistance as long as that household remains eligible and continues to receive assistance. A noncitizen who is not receiving assistance on July 1, 2015 and who does not have an application pending on that date for assistance that is later approved is ineligible for assistance through a state-funded program unless that noncitizen meets one of the exceptions specified in section 3104-A, subsection 1, paragraph A, B or E.
Sec. VVVV-3. 22 MRSA §3762, sub-§3, ¶B, as amended by PL 2013, c. 368, Pt. OO, §3 and amended by Pt. UUU, §1 and affected by §2, is further amended to read:
B.
The department may use funds, insofar as resources permit, provided under and in accordance with the United States Social Security Act or state funds appropriated for this purpose or a combination of state and federal funds to provide assistance to families under this chapter. In addition to assistance for families described in this subsection, funds must be expended for the following purposes:
(1) To continue the pass-through of the first $50 per month of current child support collections and the exclusion of the $50 pass-through from the budget tests and benefit calculations;
(2) To provide financial assistance to noncitizens legally admitted to the United States who are receiving assistance under this subsection as of July 1, 2011. Recipients of assistance under this subparagraph are limited to the categories of noncitizens who would be eligible for the TANF programs but for their status as aliens under PRWORA. Eligibility for the TANF program for these categories of noncitizens must be determined using the criteria applicable to other recipients of assistance from the TANF program. Any household receiving assistance as of July 1, 2011 may continue to receive assistance, as long as that household remains eligible, without regard to interruptions in coverage or gaps in eligibility for service. A noncitizen legally admitted to the United States who is neither receiving assistance on July 1, 2011 nor has an application pending for assistance on July 1, 2011 that is later approved is not eligible for financial assistance through a state-funded program unless that noncitizen is:
(a) Elderly or disabled, as described under the laws governing supplemental security income in 42 United States Code, Sections 1381 to 1383f (2010);
(b) A victim of domestic violence; or
(c) Experiencing other hardship, such as time necessary to obtain proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; or A person who has the express intent, as soon as that person is permitted to do so, to:
(i) Apply for United States citizenship; and
A person who meets the requirements of this division is eligible for assistance for a period not to exceed 240 days from the date of application for asylum. The benefits of a person who fails to comply with the requirements of subdivision (i) or (ii) must be terminated;
(d) Unemployed but has obtained proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A;
(3) To provide benefits to certain 2-parent families whose deprivation is based on physical or mental incapacity;
(4) To provide an assistance program for needy children, 19 to 21 years of age, who are in full-time attendance in secondary school. The program is operated for those individuals who qualify for TANF under the United States Social Security Act, except that they fail to meet the age requirement, and is also operated for the parent or caretaker relative of those individuals. Except for the age requirement, all provisions of TANF, including the standard of need and the amount of assistance, apply to the program established pursuant to this subparagraph;
(5) To provide assistance for a pregnant woman who is otherwise eligible for assistance under this chapter, except that she has no dependents under 19 years of age. An individual is eligible for the monthly benefit for one eligible person if the medically substantiated expected date of the birth of her child is not more than 90 days following the date the benefit is received;
(6) To provide a special housing allowance for TANF families whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 75% of their monthly income. The special housing allowance is limited to $200 per month for each family. For purposes of this subparagraph, "monthly income" means the total of the TANF monthly benefit and all income countable under the TANF program, plus child support received by the family, excluding the $50 pass-through payment;
(7) In determining benefit levels for TANF recipients who have earnings from employment, the department shall disregard from monthly earnings the following:
(a) One hundred and eight dollars;
(b) Fifty percent of the remaining earnings that are less than the federal poverty level; and
(c) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs;
(8) In cases when the TANF recipient has no child care cost, the monthly TANF benefit is the maximum payment level or the difference between the countable earnings and the standard of need established by rule adopted by the department, whichever is lower;
(9) In cases when the TANF recipient has child care costs, the department shall determine a total benefit package, including TANF cash assistance, determined in accordance with subparagraph (7) and additional child care assistance, as provided by rule, necessary to cover the TANF recipient's actual child care costs up to the maximum amount specified in section 3782-A, subsection 5. The benefit amount must be paid as provided in this subparagraph.
(a) Before the first month in which child care assistance is available to an ASPIRE-TANF recipient under this paragraph and periodically thereafter, the department shall notify the recipient of the total benefit package and the following options of the recipient: to receive the total benefit package directly; or to have the department pay the recipient's child care assistance directly to the designated child care provider for the recipient and pay the balance of the total benefit package to the recipient.
(b) If an ASPIRE-TANF recipient notifies the department that the recipient chooses to receive the child care assistance directly, the department shall pay the total benefit package to the recipient.
(c) If an ASPIRE-TANF recipient does not respond or notifies the department of the choice to have the child care assistance paid directly to the child care provider from the total benefit package, the department shall pay the child care assistance directly to the designated child care provider for the recipient. The department shall pay the balance of the total benefit package to the recipient;
(10) Child care assistance under this paragraph must be paid by the department in a prompt manner that permits an ASPIRE-TANF recipient to access child care necessary for work; and
(11) The department shall adopt rules pursuant to Title 5, chapter 375 to implement this subsection. Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART WWWW
Sec. WWWW-1. 36 MRSA §2551, sub-§1-I is enacted to read:
Sec. WWWW-2. 36 MRSA §2551, sub-§2, as amended by PL 2005, c. 12, Pt. TTT, §2 and affected by §4, is further amended to read:
Sec. WWWW-3. 36 MRSA §2552, sub-§1, as amended by PL 2013, c. 331, Pt. C, §14 and c. 368, Pt. OOOO, §§2 to 4, is further amended to read:
Sec. WWWW-4. 36 MRSA §2557, sub-§33, as amended by PL 2009, c. 434, §32, is further amended to read:
Sec. WWWW-5. 36 MRSA §2557, sub-§34, as amended by PL 2009, c. 434, §33, is further amended to read:
Sec. WWWW-6. 36 MRSA §2557, sub-§35, as enacted by PL 2009, c. 434, §34, is amended to read:
Sec. WWWW-7. 36 MRSA §2557, sub-§36, as enacted by PL 2009, c. 434, §35, is amended to read:
Sec. WWWW-8. 36 MRSA §2557, sub-§§37 and 38 are enacted to read:
Sec. WWWW-9. Effective date. This Part takes effect January 1, 2016, except that the section that enacts the Maine Revised Statutes, Title 36, section 2557, subsections 37 and 38 takes effect October 1, 2015.
PART XXXX
Sec. XXXX-1. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Homestead Property Tax Exemption Reimbursement 0886
Initiative: Provides funding to increase the resident homestead property tax exemption by $5,000 in property tax year 2016 and by $10,000 beginning in property tax year 2017.
GENERAL FUND |
2015-16 |
2016-17 |
All Other
|
$0 |
$10,338,750 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$10,338,750 |
Revenue Services, Bureau of 0002
Initiative: Establishes 2 Tax Examiner positions beginning January 2017 to assist in the implementation of tax changes and provides funding for associated All Other costs. All Other costs include funding for outreach efforts to publicize the new Sales Tax Fairness Credit and other tax changes.
GENERAL FUND |
2015-16 |
2016-17 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
2.000 |
Personal Services
|
$0 |
$64,412 |
All Other
|
$0 |
$233,894 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$298,306 |
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF |
|
|
DEPARTMENT TOTALS |
2015-16 |
2016-17 |
|
|
|
GENERAL FUND
|
$0 |
$10,637,056 |
|
|
|
DEPARTMENT TOTAL - ALL FUNDS |
$0 |
$10,637,056 |
ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF
Office of Tourism 0577
Initiative: Allocates funds to reflect the additional revenue due to the increase in the meals and lodging tax rate.
OTHER SPECIAL REVENUE FUNDS |
2015-16 |
2016-17 |
All Other
|
$0 |
$1,866,521 |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
$1,866,521 |
ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF |
|
|
DEPARTMENT TOTALS |
2015-16 |
2016-17 |
|
|
|
OTHER SPECIAL REVENUE FUNDS
|
$0 |
$1,866,521 |
|
|
|
DEPARTMENT TOTAL - ALL FUNDS |
$0 |
$1,866,521 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
Developmental Services Waiver - MaineCare 0987
Initiative: Provides funding to reduce the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 21: Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder.
GENERAL FUND |
2015-16 |
2016-17 |
All Other
|
$2,323,614 |
$2,327,665 |
|
|
|
GENERAL FUND TOTAL |
$2,323,614 |
$2,327,665 |
Medicaid Services - Developmental Services 0705
Initiative: Provides funding to reduce the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 21: Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder.
OTHER SPECIAL REVENUE FUNDS |
2015-16 |
2016-17 |
All Other
|
$357,150 |
$359,986 |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$357,150 |
$359,986 |
Medicaid Services - Developmental Services 0705
Initiative: Provides funding to reduce the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 18: Home and Community-Based Services for Adults with Brain Injury.
OTHER SPECIAL REVENUE FUNDS |
2015-16 |
2016-17 |
All Other
|
$115,278 |
$115,991 |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$115,278 |
$115,991 |
Medicaid Waiver for Brain Injury Residential /Community Serv Z160
Initiative: Provides funding to eliminate the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 18: Home and Community-Based Services for Adults with Brain Injury.
GENERAL FUND |
2015-16 |
2016-17 |
All Other
|
$750,000 |
$750,000 |
|
|
|
GENERAL FUND TOTAL |
$750,000 |
$750,000 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS) |
|
|
DEPARTMENT TOTALS |
2015-16 |
2016-17 |
|
|
|
GENERAL FUND
|
$3,073,614 |
$3,077,665 |
OTHER SPECIAL REVENUE FUNDS
|
$472,428 |
$475,977 |
|
|
|
DEPARTMENT TOTAL - ALL FUNDS |
$3,546,042 |
$3,553,642 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Medical Care - Payments to Providers 0147
Initiative: Provides funding to reduce the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 21: Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder.
FEDERAL EXPENDITURES FUND |
2015-16 |
2016-17 |
All Other
|
$4,462,233 |
$4,512,064 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$4,462,233 |
$4,512,064 |
Medical Care - Payments to Providers 0147
Initiative: Provides funding to eliminate the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 18: Home and Community-Based Services for Adults with Brain Injury.
FEDERAL EXPENDITURES FUND |
2015-16 |
2016-17 |
All Other
|
$1,440,286 |
$1,453,837 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$1,440,286 |
$1,453,837 |
Medical Care - Payments to Providers 0147
Initiative: Provides additional funding to increase the reimbursement increase provided in Part A for adult family care services at residential care facilities from 3% to 4% beginning July 1, 2015.
GENERAL FUND |
2015-16 |
2016-17 |
All Other
|
$20,747 |
$20,747 |
|
|
|
GENERAL FUND TOTAL |
$20,747 |
$20,747 |
FEDERAL EXPENDITURES FUND |
2015-16 |
2016-17 |
All Other
|
$27,331 |
$27,331 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$27,331 |
$27,331 |
Medical Care - Payments to Providers 0147
Initiative: Provides additional funding to increase the reimbursement increase provided in Part A for private non-medical institutions from 3% to 4% beginning July 1, 2015.
GENERAL FUND |
2015-16 |
2016-17 |
All Other
|
$905,639 |
$901,588 |
|
|
|
GENERAL FUND TOTAL |
$905,639 |
$901,588 |
FEDERAL EXPENDITURES FUND |
2015-16 |
2016-17 |
All Other
|
$1,296,283 |
$1,300,334 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$1,296,283 |
$1,300,334 |
Nursing Facilities 0148
Initiative: Provides additional funding for nursing home reimbursements.
GENERAL FUND |
2015-16 |
2016-17 |
All Other
|
$1,000,000 |
$1,000,000 |
|
|
|
GENERAL FUND TOTAL |
$1,000,000 |
$1,000,000 |
FEDERAL EXPENDITURES FUND |
2015-16 |
2016-17 |
All Other
|
$1,981,288 |
$2,000,319 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$1,981,288 |
$2,000,319 |
OTHER SPECIAL REVENUE FUNDS |
2015-16 |
2016-17 |
All Other
|
$190,295 |
$191,510 |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$190,295 |
$191,510 |
Temporary Assistance for Needy Families 0138
Initiative: Provides funding to families with income less than 200% of the federal poverty guidelines by placing funds in family development accounts.
FEDERAL BLOCK GRANT FUND |
2015-16 |
2016-17 |
All Other
|
$500,000 |
$500,000 |
|
|
|
FEDERAL BLOCK GRANT FUND TOTAL |
$500,000 |
$500,000 |
Temporary Assistance for Needy Families 0138
Initiative: Provides funding to increase the number of months eligible individuals may receive transitional transportation benefits from 12 months to 18 months.
FEDERAL BLOCK GRANT FUND |
2015-16 |
2016-17 |
All Other
|
$775,878 |
$775,878 |
|
|
|
FEDERAL BLOCK GRANT FUND TOTAL |
$775,878 |
$775,878 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) |
|
|
DEPARTMENT TOTALS |
2015-16 |
2016-17 |
|
|
|
GENERAL FUND
|
$1,926,386 |
$1,922,335 |
FEDERAL EXPENDITURES FUND
|
$9,207,421 |
$9,293,885 |
OTHER SPECIAL REVENUE FUNDS
|
$190,295 |
$191,510 |
FEDERAL BLOCK GRANT FUND
|
$1,275,878 |
$1,275,878 |
|
|
|
DEPARTMENT TOTAL - ALL FUNDS |
$12,599,980 |
$12,683,608 |
SECTION TOTALS |
2015-16 |
2016-17 |
|
|
|
GENERAL FUND
|
$5,000,000 |
$15,637,056 |
FEDERAL EXPENDITURES FUND
|
$9,207,421 |
$9,293,885 |
OTHER SPECIAL REVENUE FUNDS
|
$662,723 |
$2,534,008 |
FEDERAL BLOCK GRANT FUND
|
$1,275,878 |
$1,275,878 |
|
|
|
SECTION TOTAL - ALL FUNDS |
$16,146,022 |
$28,740,827 |
’
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment removes the interfund advance of funds for one day at the end of fiscal year 2015-16.
This amendment strikes Part J of the committee amendment and instead indexes the Maine exclusion amount for decedents dying on or after January 1, 2016 to the federal exclusion amount. It also amends the section of the estate tax law that applies to the tax on resident estates to apply the tax rates to each $3,000,000 increment above the yearly exclusion amount.
This amendment increases the homestead property tax exemption by $5,000 to $15,000 for property tax years beginning on April 1, 2016 and by $10,000 to $20,000 for property tax years beginning on or after April 1, 2017. This amendment also increases state reimbursement to 50% for the additional exemption amount for property tax years beginning April 1, 2016 and to 75% for property tax years beginning on or after April 1, 2017.
This amendment provides that for fiscal years 2015-16, 2016-17, 2017-18 and 2018-19 the amount transferred for state-municipal revenue sharing is 2% of revenue from the income tax, the sales tax and a portion of the service provider tax.
This amendment makes the following changes to the individual income tax.
1. This amendment repeals the provision of law requiring the Department of Administrative and Financial Services, Maine Revenue Services to provide for the assignment of income tax refunds on income tax returns to the Maine College Savings Program administered by the Finance Authority of Maine.
2. This amendment reduces the individual income tax rates and establishes new tax bracket amounts for tax years beginning after 2015. The proposed rate structure for tax years beginning after December 31, 2015 consists of 5.8%, 6.75% and 7.15% taxable income brackets.
3. This amendment repeals the income subtraction modifications for long-term care premiums paid and for contributions of up to $250 per beneficiary to 529 college tuition plans for tax years beginning on or after January 1, 2016.
4. This amendment eliminates the jobs and investment tax credit, the credit for employer-assisted day care, the credit for employer-provided long-term care benefits, the high-technology investment tax credit, the credit for dependent health benefits, the quality child care investment credit and the credit for biofuel commercial production but retains the carry-forward of unused credit amounts for tax years beginning after December 31, 2015.
5. This amendment also eliminates the credit for contributions to family development account reserve funds, the retirement and disability credit and the forest management planning income tax credit and removes refundability of the Maine child care credit refundable for nonresident taxpayers.
6. This amendment also amends the law governing the cost-of-living adjustment of individual income tax rate brackets and the maximum itemized deduction amount and the benefit base amounts in the sales tax fairness credits in order to reflect amendments to the individual income tax rate schedules, enactment of the sales tax fairness credit and phase-out of the standard and itemized deduction deductions for individuals with income exceeding certain levels.
7. This amendment phases out the value of the standard deduction amount or itemized deduction amount, whichever applies, for taxpayers whose Maine adjusted gross income exceeds $70,000 for single individuals and married persons filing separate returns; $105,000 for individuals filing as heads of households; and $140,000 for individuals filing married joint returns or as a surviving spouse.
8. This amendment provides an income tax exemption for all military retirement plan benefits.
9. This amendment establishes, for tax years beginning after 2015, separate Maine standard deduction amounts that previously were equal to the federal standard deduction amounts.
10. This amendment repeals the exception to the itemized deductions limitation applicable to charitable contributions that had applied to tax years beginning after December 31, 2015.
11. This amendment enacts an income tax credit to provide sales tax relief for low-income and middle-income families by providing a base credit that is based on the number of persons claimed as dependents on an income tax return and phased out as family income increases.
12. This amendment makes the earned income credit refundable for tax years beginning on or after January 1, 2016.
This amendment provides that the sales tax rate on prepared food and liquor and continues at 8%, that the sales tax on lodging continues at 8% until January 1, 2016, when it increases to 9% and the sales tax rate on other tangible personal property and taxable services continues at 5.5% after June 30, 2015. This amendment also expands the list of food products that are not exempt as grocery staples and are thus subject to sales tax. This Part also provides an exemption from sales tax for certain nonprofit library collaboratives and veterans' support organizations.
This amendment makes the following changes to the laws governing public assistance, which are intended to reward work performed by families receiving public assistance.
1. Child care assistance begins on the date of application if the applicant is eligible.
2. It eliminates the "gross income test" for working TANF recipients.
3. It increases the number of months eligible individuals may receive transitional transportation benefits from 12 months to 18 months.
4. It authorizes the Department of Health and Human Services, beginning in fiscal year 2016-17, to use $500,000 from the Temporary Assistance for Needy Families block grant to promote financial literacy and healthy savings habits of families with income less than 200% of the federal poverty guidelines by placing funds in family development accounts.
This amendment changes the reimbursement rates paid by the State for municipal general assistance to 70% of the direct costs incurred by a municipality or Indian tribe beginning with costs incurred on or after July 1, 2015.
This amendment also removes the state reimbursement for administrative costs of a municipality or Indian tribe and changes the reimbursement reporting to a monthly basis for all municipalities and Indian tribes.
This amendment changes the eligibility requirements of a noncitizen legally admitted to the United States for the Temporary Assistance for Needy Families program, food assistance and supplemental security income by requiring the noncitizen to apply for United States citizenship and find employment as soon as that noncitizen is permitted to do so. If the noncitizen is eligible, the assistance may not be provided for more than 240 days from the date the noncitizen applies for asylum. The benefits of a noncitizen who fails to comply with these requirements are terminated.
This amendment also limits eligiblity for noncitizens for supplemental security income to those who are receiving such assistance on July 1, 2015 or who have an application pending on that date that is later approved, unless the noncitizen is elderly, disabled or a victim of domestic violence.
This amendment extends the service provider tax to basic cable and satellite television and radio and interstate and international telecommunication services sold to a business. It also enacts service provider tax exemptions for sales to certain nonprofit library collaboratives and certain veterans' support organizations.
This amendment adds funding for:
1. The increase in the homestead property tax exemption amount;
2. The reduction of the waiting list for community-based services for MaineCare members with intellectual disabilities or autistic disorder and adults with brain injury;
3. Nursing home reimbursements; and
4. An increase from 12 to 18 in the number of months an individual may receive transitional transportation benefits under the Temporary Assistance for Needy Families program.
FISCAL NOTE REQUIRED
(See attached)