An Act To Simplify and Expand the Educational Opportunity Tax Credit
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation allows eligible student loans that had been consolidated with ineligible loans to remain eligible for the educational opportunity tax credit beginning with tax year 2015; 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,
Sec. 1. 36 MRSA §5217-D, sub-§1, ¶B-1, as amended by PL 2015, c. 300, Pt. A, §42 and amended by c. 328, §5, is repealed and the following enacted in its place:
Sec. 2. 36 MRSA §5217-D, sub-§1, ¶E, as amended by PL 2013, c. 525, §15, is further amended to read:
For tax years beginning on or after January 1, 2016, "qualified employee" means an employee who is employed at least part time and who is a qualified individual or who would be a qualified individual except that the employee's associate, bachelor's or graduate degree was awarded by an accredited non-Maine community college, college or university.
Sec. 3. 36 MRSA §5217-D, sub-§1, ¶G, as amended by PL 2015, c. 328, §6, is further amended to read:
(1) Attended and obtained:
(a) An associate or bachelor's degree from an accredited Maine community college, college or university after December 31, 2007 but before January 1, 2016. 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 but before January 1, 2016 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 . This division does not apply to tax years beginning after December 31, 2015;
(a-1) For tax years beginning on or after January 1, 2016, an associate or bachelor's degree from an accredited Maine community college, college or university after December 31, 2007 but before January 1, 2016, regardless of whether the individual earned credit hours of course work toward the degree outside the State;
(b) An associate or bachelor's degree from an accredited Maine or non-Maine community college, college or university after December 31, 2015; or
(c) A graduate degree from an accredited Maine college or university after December 31, 2015;
(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 . ; or
(c) For tax years beginning on or after January 1, 2016, at least part time in a position on a vessel at sea.
As used in this subparagraph, "deployed for military service" has the same meaning as in Title 26, section 814, subsection 1, paragraph A.
Sec. 4. 36 MRSA §5217-D, sub-§2, ¶B, as amended by PL 2015, c. 267, Pt. QQQ, §4 and affected by §6, is further amended to read:
Sec. 5. 36 MRSA §5217-D, sub-§5, as amended by PL 2013, c. 525, §15, is further amended to read:
If the qualified employee is employed on a part-time basis during the taxable year, the credit with respect to that employee is limited to 50% of the credit otherwise determined under this subsection.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
HISTORIC PRESERVATION COMMISSION, MAINE
Historic Preservation Commission 0036
Initiative: Reduces funding to reflect projected fiscal year 2015-16 All Other costs for the Historic Preservation Commission program.
| GENERAL FUND | 2015-16 | 2016-17 |
|
All Other
|
($200,000) | $0 |
 |
|
|
| GENERAL FUND TOTAL | ($200,000) | $0 |
| HISTORIC PRESERVATION COMMISSION, MAINE | ||
| DEPARTMENT TOTALS | 2015-16 | 2016-17 |
|
GENERAL FUND
|
($200,000) | $0 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | ($200,000) | $0 |
TREASURER OF STATE, OFFICE OF
Debt Service - Treasury 0021
Initiative: Reduces funding for debt service costs.
| GENERAL FUND | 2015-16 | 2016-17 |
|
All Other
|
($219,500) | $0 |
|
|
|
| GENERAL FUND TOTAL | ($219,500) | $0 |
| TREASURER OF STATE, OFFICE OF | ||
| DEPARTMENT TOTALS | 2015-16 | 2016-17 |
|
GENERAL FUND
|
($219,500) | $0 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | ($219,500) | $0 |
| SECTION TOTALS | 2015-16 | 2016-17 |
|
GENERAL FUND
|
($419,500) | $0 |
|
|
|
| SECTION TOTAL - ALL FUNDS | ($419,500) | $0 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.