HP0383
LD 499
PUBLIC Law, Chapter 240

Emergency Signed on 2007-06-07 00:00:00.0 - First Regular Session - 123rd Maine Legislature
 
Text: MS-Word, RTF or PDF
LR 2452
Item 1
Bill Tracking Chamber Status

An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2007, June 30, 2008 and June 30, 2009

Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the 90-day period may not terminate until after the beginning of the next fiscal year; and

Whereas,  certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Accident - Sickness - Health Insurance 0455

Initiative: BASELINE BUDGET

RETIREE HEALTH INSURANCE FUND 2007-08 2008-09
All Other
$48,400,235 $48,400,235
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RETIREE HEALTH INSURANCE FUND TOTAL $48,400,235 $48,400,235

ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
14.000 14.000
Personal Services
$864,329 $889,351
All Other
$741,289 $741,289
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ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND TOTAL $1,605,618 $1,630,640

FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS HEALTH INSURANCE PROGRAM FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
1.000 1.000
Personal Services
$52,209 $54,660
All Other
$55,000 $55,000
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FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS HEALTH INSURANCE PROGRAM FUND TOTAL $107,209 $109,660

Accident - Sickness - Health Insurance 0455

Initiative: Provides funding for general operations based on actual expenditures in fiscal year 2005-06 and anticipated operational needs.

ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND 2007-08 2008-09
All Other
$30,000 $30,000
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ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND TOTAL $30,000 $30,000

Accident - Sickness - Health Insurance 0455

Initiative: Provides funding for the State's payment of a 45% subsidy toward the cost of health insurance for eligible retired law enforcement officers and firefighters. This request is made in accordance with Public Law 2005, chapter 636.

GENERAL FUND 2007-08 2008-09
All Other
$1,320,535 $3,116,405
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GENERAL FUND TOTAL $1,320,535 $3,116,405

Accident - Sickness - Health Insurance 0455

Initiative: Provides funding to cover the projected increase in administrative costs for this program and for payment of health insurance premiums.

FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS HEALTH INSURANCE PROGRAM FUND 2007-08 2008-09
All Other
$2,183 $2,234
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FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS HEALTH INSURANCE PROGRAM FUND TOTAL $2,183 $2,234

Accident - Sickness - Health Insurance 0455

Initiative: Provides funding for ongoing contractual obligations and for projected additional contractual services for this program.

ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND 2007-08 2008-09
All Other
$115,194 $145,194
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ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND TOTAL $115,194 $145,194

Accident - Sickness - Health Insurance 0455

Initiative: Provides funding in the technology line to cover Office of Information Technology fees for services.

ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND 2007-08 2008-09
All Other
$36,000 $36,990
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ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND TOTAL $36,000 $36,990

Accident - Sickness - Health Insurance 0455

Initiative: Reduces the funding for the State's payment of a 45% subsidy toward the cost of health insurance for eligible retired law enforcement officers and firefighters, as authorized by Public Law 2005, chapter 636. There is a reduced need for funding due to lower than anticipated enrollment in the program.

GENERAL FUND 2007-08 2008-09
All Other
($560,535) ($2,276,405)
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GENERAL FUND TOTAL ($560,535) ($2,276,405)

ACCIDENT - SICKNESS - HEALTH INSURANCE 0455

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$760,000 $840,000
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GENERAL FUND TOTAL $760,000 $840,000

RETIREE HEALTH INSURANCE FUND 2007-08 2008-09
All Other
$48,400,235 $48,400,235
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RETIREE HEALTH INSURANCE FUND TOTAL $48,400,235 $48,400,235

ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
14.000 14.000
Personal Services
$864,329 $889,351
All Other
$922,483 $953,473
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ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND TOTAL $1,786,812 $1,842,824

FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS HEALTH INSURANCE PROGRAM FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
1.000 1.000
Personal Services
$52,209 $54,660
All Other
$57,183 $57,234
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FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS HEALTH INSURANCE PROGRAM FUND TOTAL $109,392 $111,894

Administration - Human Resources 0038

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
14.500 14.500
Personal Services
$1,059,891 $1,086,944
All Other
$299,735 $299,735
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GENERAL FUND TOTAL $1,359,626 $1,386,679

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
2.500 2.500
Personal Services
$192,375 $200,560
All Other
$250,283 $250,283
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OTHER SPECIAL REVENUE FUNDS TOTAL $442,658 $450,843

ADMINISTRATION - HUMAN RESOURCES 0038

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
14.500 14.500
Personal Services
$1,059,891 $1,086,944
All Other
$299,735 $299,735
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GENERAL FUND TOTAL $1,359,626 $1,386,679

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
2.500 2.500
Personal Services
$192,375 $200,560
All Other
$250,283 $250,283
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OTHER SPECIAL REVENUE FUNDS TOTAL $442,658 $450,843

Budget - Bureau of the 0055

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
13.000 13.000
Personal Services
$1,188,909 $1,220,891
All Other
$86,432 $86,432
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GENERAL FUND TOTAL $1,275,341 $1,307,323

BUDGET - BUREAU OF THE 0055

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
13.000 13.000
Personal Services
$1,188,909 $1,220,891
All Other
$86,432 $86,432
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GENERAL FUND TOTAL $1,275,341 $1,307,323

Buildings and Grounds Operations 0080

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
105.000 105.000
Personal Services
$5,309,869 $5,472,854
All Other
$5,234,253 $5,234,253
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GENERAL FUND TOTAL $10,544,122 $10,707,107

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$464,400 $464,400
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OTHER SPECIAL REVENUE FUNDS TOTAL $464,400 $464,400

REAL PROPERTY LEASE INTERNAL SERVICE FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
3.000 3.000
Personal Services
$226,057 $231,116
All Other
$20,486,094 $20,486,094
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REAL PROPERTY LEASE INTERNAL SERVICE FUND TOTAL $20,712,151 $20,717,210

Buildings and Grounds Operations 0080

Initiative: Provides funding to cover current contractual lease agreements for state leased space.

REAL PROPERTY LEASE INTERNAL SERVICE FUND 2007-08 2008-09
All Other
$2,650,000 $3,133,000
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REAL PROPERTY LEASE INTERNAL SERVICE FUND TOTAL $2,650,000 $3,133,000

Buildings and Grounds Operations 0080

Initiative: Eliminates 2 Laborer II positions.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(2.000) (2.000)
Personal Services
($76,593) ($80,199)
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GENERAL FUND TOTAL ($76,593) ($80,199)

Buildings and Grounds Operations 0080

Initiative: Reduces funding for heating costs at the Stone building, which is currently vacant, and reduces general operating expenditures.

GENERAL FUND 2007-08 2008-09
All Other
($160,000) ($160,000)
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GENERAL FUND TOTAL ($160,000) ($160,000)

Buildings and Grounds Operations 0080

Initiative: Adjusts funding for several positions in Building Control to reflect a more appropriate level of support from the General Fund and Other Special Revenue Funds, as opposed to the Highway Fund.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
2.000 2.000
Personal Services
$118,273 $120,455
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GENERAL FUND TOTAL $118,273 $120,455

REAL PROPERTY LEASE INTERNAL SERVICE FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
0.500 0.500
Personal Services
$30,767 $31,433
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REAL PROPERTY LEASE INTERNAL SERVICE FUND TOTAL $30,767 $31,433

BUILDINGS AND GROUNDS OPERATIONS 0080

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
105.000 105.000
Personal Services
$5,351,549 $5,513,110
All Other
$5,074,253 $5,074,253
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GENERAL FUND TOTAL $10,425,802 $10,587,363

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$464,400 $464,400
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OTHER SPECIAL REVENUE FUNDS TOTAL $464,400 $464,400

REAL PROPERTY LEASE INTERNAL SERVICE FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
3.500 3.500
Personal Services
$256,824 $262,549
All Other
$23,136,094 $23,619,094
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REAL PROPERTY LEASE INTERNAL SERVICE FUND TOTAL $23,392,918 $23,881,643

Bureau of General Services - Capital Construction and Improvement Reserve Fund 0883

Initiative: BASELINE BUDGET

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$45,000 $45,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $45,000 $45,000

Bureau of General Services - Capital Construction and Improvement Reserve Fund 0883

Initiative: Reduces funding for this program to reflect projected available resources.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
($5,000) ($5,000)
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OTHER SPECIAL REVENUE FUNDS TOTAL ($5,000) ($5,000)

Bureau of General Services - Capital Construction and Improvement Reserve Fund 0883

Initiative: Provides funding for capital projects that construct, renovate or improve state facilities from the transfer of projected excess General Fund revenues in accordance with Maine Revised Statutes, Title 5, section 1536, subsection 1-E.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
Capital Expenditures
$5,000,000 $5,000,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $5,000,000 $5,000,000

BUREAU OF GENERAL SERVICES - CAPITAL CONSTRUCTION AND IMPROVEMENT RESERVE FUND 0883

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$40,000 $40,000
Capital Expenditures
$5,000,000 $5,000,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $5,040,000 $5,040,000

Bureau of Revenue Services Fund 0885

Initiative: BASELINE BUDGET

BUREAU OF REVENUE SERVICES FUND 2007-08 2008-09
All Other
$150,000 $150,000
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BUREAU OF REVENUE SERVICES FUND TOTAL $150,000 $150,000

BUREAU OF REVENUE SERVICES FUND 0885

PROGRAM SUMMARY

BUREAU OF REVENUE SERVICES FUND 2007-08 2008-09
All Other
$150,000 $150,000
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BUREAU OF REVENUE SERVICES FUND TOTAL $150,000 $150,000

Capital Construction/Repairs/Improvements - Administration 0059

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$95,000 $95,000
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GENERAL FUND TOTAL $95,000 $95,000

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$1,063,241 $1,063,241
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OTHER SPECIAL REVENUE FUNDS TOTAL $1,063,241 $1,063,241

Capital Construction/Repairs/Improvements - Administration 0059

Initiative: Provides funding for repairs to facilities at the Maine Military Authority in Limestone that are managed by the Bureau of General Services.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$114,733 $114,733
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OTHER SPECIAL REVENUE FUNDS TOTAL $114,733 $114,733

CAPITAL CONSTRUCTION/REPAIRS/IMPROVEMENTS - ADMINISTRATION 0059

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$95,000 $95,000
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GENERAL FUND TOTAL $95,000 $95,000

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$1,177,974 $1,177,974
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OTHER SPECIAL REVENUE FUNDS TOTAL $1,177,974 $1,177,974

Central Fleet Management 0703

Initiative: BASELINE BUDGET

CENTRAL MOTOR POOL 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
15.000 15.000
Personal Services
$847,864 $874,653
All Other
$4,592,377 $4,592,377
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CENTRAL MOTOR POOL TOTAL $5,440,241 $5,467,030

Central Fleet Management 0703

Initiative: Provides funding for state vehicle operations due to increased fuel prices and larger fleet size.

CENTRAL MOTOR POOL 2007-08 2008-09
All Other
$1,422,811 $1,503,250
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CENTRAL MOTOR POOL TOTAL $1,422,811 $1,503,250

CENTRAL FLEET MANAGEMENT 0703

PROGRAM SUMMARY

CENTRAL MOTOR POOL 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
15.000 15.000
Personal Services
$847,864 $874,653
All Other
$6,015,188 $6,095,627
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CENTRAL MOTOR POOL TOTAL $6,863,052 $6,970,280

Central Services - Purchases 0004

Initiative: BASELINE BUDGET

POSTAL, PRINTING AND SUPPLY FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
51.000 51.000
POSITIONS - FTE COUNT
0.375 0.375
Personal Services
$2,773,737 $2,854,587
All Other
$1,579,933 $1,579,933
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POSTAL, PRINTING AND SUPPLY FUND TOTAL $4,353,670 $4,434,520

Central Services - Purchases 0004

Initiative: Provides for the reorganization of the Bureau of Purchases. Eliminates 5 Procurement Contract Specialist positions. Reorganizes one Management Analyst I position to one Management Analyst II position. Establishes 4 Buyer II positions.

POSTAL, PRINTING AND SUPPLY FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(1.000) (1.000)
Personal Services
($62,806) ($53,953)
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POSTAL, PRINTING AND SUPPLY FUND TOTAL ($62,806) ($53,953)

CENTRAL SERVICES - PURCHASES 0004

PROGRAM SUMMARY

POSTAL, PRINTING AND SUPPLY FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
50.000 50.000
POSITIONS - FTE COUNT
0.375 0.375
Personal Services
$2,710,931 $2,800,634
All Other
$1,579,933 $1,579,933
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POSTAL, PRINTING AND SUPPLY FUND TOTAL $4,290,864 $4,380,567

County Tax Reimbursement 0263

Initiative: BASELINE BUDGET

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$990,000 $990,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $990,000 $990,000

County Tax Reimbursement 0263

Initiative: Provides funding for an anticipated increase in excise tax reimbursements.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$49,500 $101,475
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OTHER SPECIAL REVENUE FUNDS TOTAL $49,500 $101,475

COUNTY TAX REIMBURSEMENT 0263

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$1,039,500 $1,091,475
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OTHER SPECIAL REVENUE FUNDS TOTAL $1,039,500 $1,091,475

Debt Service - Government Facilities Authority 0893

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$19,236,282 $19,236,282
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GENERAL FUND TOTAL $19,236,282 $19,236,282

Debt Service - Government Facilities Authority 0893

Initiative: Adjusts funding to more accurately reflect the projected debt service requirements for this program due to anticipated lower interest rates.

GENERAL FUND 2007-08 2008-09
All Other
($441,392) $508,781
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GENERAL FUND TOTAL ($441,392) $508,781

DEBT SERVICE - GOVERNMENT FACILITIES AUTHORITY 0893

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$18,794,890 $19,745,063
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GENERAL FUND TOTAL $18,794,890 $19,745,063

Departments and Agencies - Statewide 0016

Initiative: BASELINE BUDGET

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$2,500,000 $2,500,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $2,500,000 $2,500,000

Departments and Agencies - Statewide 0016

Initiative: Reduces funding for this program because projected savings from pursuing federal and commercial reimbursement for state-funded programs and services, as originally authorized in Public Law 2003, chapter 673, Part OO, will not materialize as projected.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
($2,500,000) ($2,500,000)
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OTHER SPECIAL REVENUE FUNDS TOTAL ($2,500,000) ($2,500,000)

DEPARTMENTS AND AGENCIES - STATEWIDE 0016

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$0 $0
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OTHER SPECIAL REVENUE FUNDS TOTAL $0 $0

Elderly Tax Deferral Program 0650

Initiative: BASELINE BUDGET

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$41,923 $41,923
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OTHER SPECIAL REVENUE FUNDS TOTAL $41,923 $41,923

Elderly Tax Deferral Program 0650

Initiative: Reduces funding to the anticipated level of expenditures for the Elderly Tax Deferral program.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
($11,923) ($12,923)
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OTHER SPECIAL REVENUE FUNDS TOTAL ($11,923) ($12,923)

ELDERLY TAX DEFERRAL PROGRAM 0650

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$30,000 $29,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $30,000 $29,000

Employee Relations - Office of 0244

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
8.000 8.000
Personal Services
$725,992 $740,034
All Other
$96,853 $96,853
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GENERAL FUND TOTAL $822,845 $836,887

Employee Relations - Office of 0244

Initiative: Eliminates one Director of Employee Relations position as part of the reorganization of the Office of Employee Relations into the Bureau of Human Resources.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(1.000) (1.000)
Personal Services
($122,208) ($123,778)
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GENERAL FUND TOTAL ($122,208) ($123,778)

EMPLOYEE RELATIONS - OFFICE OF 0244

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
7.000 7.000
Personal Services
$603,784 $616,256
All Other
$96,853 $96,853
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GENERAL FUND TOTAL $700,637 $713,109

Financial and Personnel Services - Division of 0713

Initiative: BASELINE BUDGET

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$497,302 $497,302
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FEDERAL EXPENDITURES FUND TOTAL $497,302 $497,302

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$30,000 $30,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $30,000 $30,000

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
276.000 276.000
Personal Services
$17,790,721 $18,351,731
All Other
$2,614,020 $2,614,020
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL $20,404,741 $20,965,751

Financial and Personnel Services - Division of 0713

Initiative: Reorganizes one Accounting Technician position to one Public Service Coordinator I position to better serve the Department of Agriculture, Food and Rural Resources and the Department of Conservation.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
Personal Services
$26,646 $28,400
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL $26,646 $28,400

Financial and Personnel Services - Division of 0713

Initiative: Reduces funding to properly allocate and adjust the overall funding requirements for the several service centers within the Financial and Personnel Services Fund.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
All Other
($600,251) ($588,267)
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL ($600,251) ($588,267)

Financial and Personnel Services - Division of 0713

Initiative: Reduces funding in the All Other line category for the Department of Health and Human Services Service Center.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
All Other
($128,000) ($128,000)
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL ($128,000) ($128,000)

Financial and Personnel Services - Division of 0713

Initiative: Eliminates one Public Service Manager II position and one vacant Personnel Specialist position and upgrades one Accounting Technician position to a Financial Analyst position in the General Government Service Center.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(2.000) (2.000)
Personal Services
($123,147) ($125,427)
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL ($123,147) ($125,427)

Financial and Personnel Services - Division of 0713

Initiative: Eliminates 2 Management Analyst II positions, one Management Analyst I position and one Public Service Manager I position, establishes one Personnel Specialist position and provides one-time All Other funding for contractual services within the Security and Employment Service Center.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(3.000) (3.000)
Personal Services
($241,600) ($243,684)
All Other
$30,000 $0
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL ($211,600) ($243,684)

Financial and Personnel Services - Division of 0713

Initiative: Transfers one Office Associate II position from the Transportation Service Center in the Department of Administrative and Financial Services to the Department of Transportation Administration account in the Highway Fund.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(1.000) (1.000)
Personal Services
($60,340) ($61,659)
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL ($60,340) ($61,659)

Financial and Personnel Services - Division of 0713

Initiative: Reduces funding for out-of-state travel in the Transportation Service Center.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
All Other
($2,500) ($2,500)
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL ($2,500) ($2,500)

Financial and Personnel Services - Division of 0713

Initiative: Transfers one Education Specialist III position from the Regional Services program and one Office Associate II position from the Learning Systems program in the Department of Education to the Financial and Personnel Services - Division of program in the Department of Administrative and Financial Services.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
2.000 2.000
Personal Services
$125,292 $132,335
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL $125,292 $132,335

Financial and Personnel Services - Division of 0713

Initiative: Transfers one Public Service Manager I position, one Office Specialist I position and one Personnel Assistant position from the Riverview Psychiatric Center program; one Public Service Manager I position, 2 Office Assistant II positions and one Office Specialist I position from the Dorothea Dix Psychiatric Center program; one Secretary position from the Mental Health Services - Community program; and one Public Service Manager II position, 7 Public Service Coordinator I positions, one Public Service Manager I position, one Personnel Specialist position, 2 Personnel Assistant positions and 6 Office Specialist I positions from the Office of Management and Budget program to the Financial and Personnel Services - Division of program in the Health and Human Service Center within the Department of Administrative and Financial Services.

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
26.000 26.000
Personal Services
$1,673,318 $1,709,927
All Other
$136,942 $136,942
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL $1,810,260 $1,846,869

FINANCIAL AND PERSONNEL SERVICES - DIVISION OF 0713

PROGRAM SUMMARY

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$497,302 $497,302
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FEDERAL EXPENDITURES FUND TOTAL $497,302 $497,302

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$30,000 $30,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $30,000 $30,000

FINANCIAL AND PERSONNEL SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
298.000 298.000
Personal Services
$19,190,890 $19,791,623
All Other
$2,050,211 $2,032,195
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FINANCIAL AND PERSONNEL SERVICES FUND TOTAL $21,241,101 $21,823,818

Homestead Property Tax Exemption - Mandate Reimbursement 0887

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$25,600 $25,600
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GENERAL FUND TOTAL $25,600 $25,600

Homestead Property Tax Exemption - Mandate Reimbursement 0887

Initiative: Provides funding for mandated homestead property tax exemptions.

GENERAL FUND 2007-08 2008-09
All Other
$5,400 $5,400
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GENERAL FUND TOTAL $5,400 $5,400

HOMESTEAD PROPERTY TAX EXEMPTION - MANDATE REIMBURSEMENT 0887

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$31,000 $31,000
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GENERAL FUND TOTAL $31,000 $31,000

Homestead Property Tax Exemption Reimbursement 0886

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$36,267,826 $36,267,826
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GENERAL FUND TOTAL $36,267,826 $36,267,826

Homestead Property Tax Exemption Reimbursement 0886

Initiative: Reduces funding to an anticipated level for reimbursements for homestead property tax exemptions.

GENERAL FUND 2007-08 2008-09
All Other
($7,661,235) ($7,191,428)
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GENERAL FUND TOTAL ($7,661,235) ($7,191,428)

HOMESTEAD PROPERTY TAX EXEMPTION REIMBURSEMENT 0886

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$28,606,591 $29,076,398
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GENERAL FUND TOTAL $28,606,591 $29,076,398

Information Services 0155

Initiative: BASELINE BUDGET

OFFICE OF INFORMATION SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
479.500 479.500
Personal Services
$40,321,438 $41,394,795
All Other
$7,641,513 $7,641,513
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OFFICE OF INFORMATION SERVICES FUND TOTAL $47,962,951 $49,036,308

Information Services 0155

Initiative: Establishes one Senior Information Systems Support Specialist position, 2 Information Systems Support Specialist II positions, 3 Information Systems Support Specialist positions and one Office Assistant II position to support the new Enterprise Radio Operations and to support the 60-month desktop rotation initiative.

OFFICE OF INFORMATION SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
7.000 7.000
Personal Services
$334,492 $353,291
All Other
$726 $767
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OFFICE OF INFORMATION SERVICES FUND TOTAL $335,218 $354,058

Information Services 0155

Initiative: Provides funding to cover costs associated with the replacement of computers and computer-related equipment priced under $3,000.

OFFICE OF INFORMATION SERVICES FUND 2007-08 2008-09
All Other
$6,385,361 $6,385,361
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OFFICE OF INFORMATION SERVICES FUND TOTAL $6,385,361 $6,385,361

Information Services 0155

Initiative: Provides funding to cover the costs associated with statewide software maintenance agreements.

OFFICE OF INFORMATION SERVICES FUND 2007-08 2008-09
All Other
$1,000,000 $1,000,000
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OFFICE OF INFORMATION SERVICES FUND TOTAL $1,000,000 $1,000,000

Information Services 0155

Initiative: Provides funding to meet contractual obligations relating to leased space.

OFFICE OF INFORMATION SERVICES FUND 2007-08 2008-09
All Other
$1,021,336 $1,021,336
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OFFICE OF INFORMATION SERVICES FUND TOTAL $1,021,336 $1,021,336

Information Services 0155

Initiative: Provides funding to cover additional operating expenditures relating to the transfer of information technology positions from departments and agencies statewide.

OFFICE OF INFORMATION SERVICES FUND 2007-08 2008-09
All Other
$713,903 $713,903
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OFFICE OF INFORMATION SERVICES FUND TOTAL $713,903 $713,903

Information Services 0155

Initiative: Adjusts funding for supporting existing information technology agency applications within the agency. This level of funding supports replacing personal computers on an average 60-month rotation and a reduced level of funding for strategic planning.

GENERAL FUND 2007-08 2008-09
All Other
$2,010,583 $2,010,583
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GENERAL FUND TOTAL $2,010,583 $2,010,583

INFORMATION SERVICES 0155

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$2,010,583 $2,010,583
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GENERAL FUND TOTAL $2,010,583 $2,010,583

OFFICE OF INFORMATION SERVICES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
486.500 486.500
Personal Services
$40,655,930 $41,748,086
All Other
$16,762,839 $16,762,880
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OFFICE OF INFORMATION SERVICES FUND TOTAL $57,418,769 $58,510,966

Lottery Operations 0023

Initiative: BASELINE BUDGET

STATE LOTTERY FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
27.000 27.000
Personal Services
$1,777,592 $1,817,566
All Other
$2,932,139 $2,932,139
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STATE LOTTERY FUND TOTAL $4,709,731 $4,749,705

Lottery Operations 0023

Initiative: Eliminates one vacant Inventory and Property Assistant position. The reduction in headcount will be used to offset headcount requested in the Workers' Compensation Management Fund.

STATE LOTTERY FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(1.000) (1.000)
Personal Services
($43,750) ($46,390)
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STATE LOTTERY FUND TOTAL ($43,750) ($46,390)

LOTTERY OPERATIONS 0023

PROGRAM SUMMARY

STATE LOTTERY FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
26.000 26.000
Personal Services
$1,733,842 $1,771,176
All Other
$2,932,139 $2,932,139
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STATE LOTTERY FUND TOTAL $4,665,981 $4,703,315

Maine Asthma and Lung Disease Research Fund (DAFS) Z026

Initiative: BASELINE BUDGET

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$14,648 $14,648
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OTHER SPECIAL REVENUE FUNDS TOTAL $14,648 $14,648

Maine Asthma and Lung Disease Research Fund (DAFS) Z026

Initiative: An allocation for this program is not needed.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
($14,648) ($14,648)
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OTHER SPECIAL REVENUE FUNDS TOTAL ($14,648) ($14,648)

MAINE ASTHMA AND LUNG DISEASE RESEARCH FUND (DAFS) Z026

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$0 $0
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OTHER SPECIAL REVENUE FUNDS TOTAL $0 $0

Miscellaneous Acts and Resolves - Finance 0306

Initiative: Appropriates funds on a one-time basis for grants to HealthInfoNet to help build the first phase of Maine's health information exchange system.

GENERAL FUND 2007-08 2008-09
All Other
$265,000 $0
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GENERAL FUND TOTAL $265,000 $0

MISCELLANEOUS ACTS AND RESOLVES - FINANCE 0306

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$265,000 $0
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GENERAL FUND TOTAL $265,000 $0

Office of the Commissioner - Administrative and Financial Services 0718

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
4.000 4.000
Personal Services
$422,418 $431,061
All Other
$21,416 $21,416
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GENERAL FUND TOTAL $443,834 $452,477

Office of the Commissioner - Administrative and Financial Services 0718

Initiative: Allocates funds to cover the administrative costs associated with the Employee Suggestion System in accordance with the Maine Revised Statutes, Title 5, section 651, subsection 10.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$5,000 $5,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $5,000 $5,000

OFFICE OF THE COMMISSIONER - ADMINISTRATIVE AND FINANCIAL SERVICES 0718

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
4.000 4.000
Personal Services
$422,418 $431,061
All Other
$21,416 $21,416
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GENERAL FUND TOTAL $443,834 $452,477

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$5,000 $5,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $5,000 $5,000

Public Improvements - Planning/Construction - Administration 0057

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
13.000 13.000
Personal Services
$1,131,818 $1,168,172
All Other
$166,562 $166,562
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GENERAL FUND TOTAL $1,298,380 $1,334,734

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$49,172 $49,172
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OTHER SPECIAL REVENUE FUNDS TOTAL $49,172 $49,172

Public Improvements - Planning/Construction - Administration 0057

Initiative: Eliminates one Asbestos Project Manager position and one vacant Civil Engineer II position and establishes one Office Assistant II position for this program.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(1.000) (1.000)
Personal Services
($98,630) ($100,508)
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GENERAL FUND TOTAL ($98,630) ($100,508)

PUBLIC IMPROVEMENTS - PLANNING/CONSTRUCTION - ADMINISTRATION 0057

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
12.000 12.000
Personal Services
$1,033,188 $1,067,664
All Other
$166,562 $166,562
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GENERAL FUND TOTAL $1,199,750 $1,234,226

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$49,172 $49,172
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OTHER SPECIAL REVENUE FUNDS TOTAL $49,172 $49,172

Purchases - Division of 0007

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
6.000 6.000
Personal Services
$417,660 $425,629
All Other
$84,333 $84,333
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GENERAL FUND TOTAL $501,993 $509,962

Purchases - Division of 0007

Initiative: Provides for the reorganization of the Bureau of Purchases. Eliminates one Procurement Contract Manager position and 2 Procurement Contract Specialist positions and provides for the range change for 2 Senior Procurement Contract Specialist positions from range 21 to 23. Establishes one Buyer II position.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(2.000) (2.000)
Personal Services
($120,326) ($121,163)
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GENERAL FUND TOTAL ($120,326) ($121,163)

PURCHASES - DIVISION OF 0007

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
4.000 4.000
Personal Services
$297,334 $304,466
All Other
$84,333 $84,333
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GENERAL FUND TOTAL $381,667 $388,799

Revenue Services - Bureau of 0002

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
320.500 320.500
POSITIONS - FTE COUNT
0.769 0.769
Personal Services
$20,912,215 $21,586,959
All Other
$12,460,572 $12,460,572
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GENERAL FUND TOTAL $33,372,787 $34,047,531

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$5,000 $5,000
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FEDERAL EXPENDITURES FUND TOTAL $5,000 $5,000

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$3,622,453 $3,622,453
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OTHER SPECIAL REVENUE FUNDS TOTAL $3,622,453 $3,622,453

Revenue Services - Bureau of 0002

Initiative: Provides funding for temporary personnel contracts used during tax season to handle and process tax returns.

GENERAL FUND 2007-08 2008-09
All Other
$20,000 $32,000
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GENERAL FUND TOTAL $20,000 $32,000

Revenue Services - Bureau of 0002

Initiative: Provides funding for the updating of econometric database information used for revenue projections provided to the Revenue Forecasting Committee.

GENERAL FUND 2007-08 2008-09
All Other
$0 $300,000
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GENERAL FUND TOTAL $0 $300,000

Revenue Services - Bureau of 0002

Initiative: Provides funding for the debt service payments for the Maine Revenue Integrated Tax System (MERITS) project authorized by Public Law 2005, chapter 519, Part O, section 1 and are expected to be $2,281,261 annually.

GENERAL FUND 2007-08 2008-09
All Other
$2,281,261 $2,281,261
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GENERAL FUND TOTAL $2,281,261 $2,281,261

Revenue Services - Bureau of 0002

Initiative: Provides funding for an additional law enforcement contractor position assigned to uncollectible cases. Currently one contractor is responsible in this area but the workload is overwhelming for this one person. It is anticipated with 2 people assigned to these cases that net additional General Fund undedicated revenue of $237,250 will be generated each year.

GENERAL FUND 2007-08 2008-09
All Other
$57,638 $59,368
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GENERAL FUND TOTAL $57,638 $59,368

Revenue Services - Bureau of 0002

Initiative: Provides funding for increased legal services provided by the Office of the Attorney General to Maine Revenue Services for out-of-state judgment work, injunctions and lien enforcement. It is estimated that this initiative will generate net additional General Fund undedicated revenue of $480,194 annually.

GENERAL FUND 2007-08 2008-09
All Other
$80,162 $84,792
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GENERAL FUND TOTAL $80,162 $84,792

Revenue Services - Bureau of 0002

Initiative: Provides funding for current contractual obligations relating to out-of-state income tax debt collections.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$860,947 $866,047
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OTHER SPECIAL REVENUE FUNDS TOTAL $860,947 $866,047

Revenue Services - Bureau of 0002

Initiative: Transfers 2 Senior Revenue Agent positions and allocates Personal Services funding for an additional 5.3 full-time equivalent positions and All Other funds related to these positions from the General Fund to the Highway Fund in order to properly recognize and account for the total costs of fuel tax administration within the Maine Revenue Services program in the Highway Fund. This initiative will reduce General Fund undedicated revenue by $690,000 in fiscal year 2007-08 and $690,000 in fiscal year 2008-09.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(2.000) (2.000)
Personal Services
($515,421) ($531,173)
All Other
($140,217) ($147,483)
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GENERAL FUND TOTAL ($655,638) ($678,656)

Revenue Services - Bureau of 0002

Initiative: Adjusts funding for supporting existing information technology agency applications within the agency.

GENERAL FUND 2007-08 2008-09
All Other
$210,869 $501,032
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GENERAL FUND TOTAL $210,869 $501,032

Revenue Services - Bureau of 0002

Initiative: Eliminates one District Tax Audit Manager position and one Office Associate II position and related All Other savings from the closure of the Bangor branch of Maine Revenue Services.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(2.000) (2.000)
Personal Services
($154,001) ($157,313)
All Other
($20,660) ($20,660)
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GENERAL FUND TOTAL ($174,661) ($177,973)

Revenue Services - Bureau of 0002

Initiative: Reduces funding from savings identified in the All Other line category for Maine Revenue Services.

GENERAL FUND 2007-08 2008-09
All Other
($356,109) ($356,109)
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GENERAL FUND TOTAL ($356,109) ($356,109)

Revenue Services - Bureau of 0002

Initiative: Establishes a Revenue Agent/Senior Revenue Agent position to investigate non-Maine businesses doing business in Maine to ensure proper reporting of Maine tax. The position is expected to generate approximately $750,000 in additional tax revenue annually.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
1.000 1.000
Personal Services
$65,877 $69,549
All Other
$16,881 $12,181
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GENERAL FUND TOTAL $82,758 $81,730

Revenue Services - Bureau of 0002

Initiative: Establishes a Revenue Agent/Senior Revenue Agent position to assist in the audit of estate tax returns, as well as expand the audit function of fiduciary income tax returns and to review related tax issues associated with decedents and beneficiaries. The position is expected to generate approximately $600,000 in additional tax revenue annually.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
1.000 1.000
Personal Services
$65,877 $69,549
All Other
$16,881 $12,181
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GENERAL FUND TOTAL $82,758 $81,730

Revenue Services - Bureau of 0002

Initiative: Establishes 2 Tax Examiner positions to increase collections of delinquent individual income tax and delinquent sales tax and income tax withholding. The positions are expected to generate additional annual gross revenue of $1,050,000.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
2.000 2.000
Personal Services
$108,094 $113,968
All Other
$21,068 $14,668
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GENERAL FUND TOTAL $129,162 $128,636

Revenue Services - Bureau of 0002

Initiative: Provides one-time Personal Services appropriations to initiate an overtime project to enhance discovery and revenue collections. The project will raise annual gross revenue of $2,000,000 from income tax and sales and use tax sources.

GENERAL FUND 2007-08 2008-09
Personal Services
$210,000 $210,000
All Other
$10,000 $10,000
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GENERAL FUND TOTAL $220,000 $220,000

Revenue Services - Bureau of 0002

Initiative: Provides funding for one Tax Section Manager, one Senior Tax Examiner, 2 Tax Examiners and one Revenue Agent. The Tax Section Manager will work in the Special Enforcement Unit on collections, the Senior Tax Examiner will work in the Tax Compliance Unit on offers in compromise cases, the 2 Tax Examiners will work in the Tax Compliance Unit, one on income tax nonfilers and the other reviewing returns and refund requests, and the Revenue Agent will work in the Special Enforcement Unit on use tax enforcement.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
5.000 5.000
Personal Services
$235,226 $331,138
All Other
$57,517 $41,517
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GENERAL FUND TOTAL $292,743 $372,655

REVENUE SERVICES - BUREAU OF 0002

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
325.500 325.500
POSITIONS - FTE COUNT
0.769 0.769
Personal Services
$20,927,867 $21,692,677
All Other
$14,715,863 $15,285,320
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GENERAL FUND TOTAL $35,643,730 $36,977,997

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$5,000 $5,000
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FEDERAL EXPENDITURES FUND TOTAL $5,000 $5,000

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$4,483,400 $4,488,500
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OTHER SPECIAL REVENUE FUNDS TOTAL $4,483,400 $4,488,500

Risk Management - Claims 0008

Initiative: BASELINE BUDGET

RISK MANAGEMENT FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
5.000 5.000
Personal Services
$370,986 $380,728
All Other
$3,597,476 $3,597,476
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RISK MANAGEMENT FUND TOTAL $3,968,462 $3,978,204

STATE-ADMINISTERED FUND 2007-08 2008-09
All Other
$2,094,628 $2,094,628
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STATE-ADMINISTERED FUND TOTAL $2,094,628 $2,094,628

Risk Management - Claims 0008

Initiative: Reduces funding to more accurately reflect the projected expenditure requirements for these 2 program fund accounts.

RISK MANAGEMENT FUND 2007-08 2008-09
All Other
($81,500) ($81,500)
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RISK MANAGEMENT FUND TOTAL ($81,500) ($81,500)

STATE-ADMINISTERED FUND 2007-08 2008-09
All Other
($51,500) ($51,500)
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STATE-ADMINISTERED FUND TOTAL ($51,500) ($51,500)

RISK MANAGEMENT - CLAIMS 0008

PROGRAM SUMMARY

RISK MANAGEMENT FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
5.000 5.000
Personal Services
$370,986 $380,728
All Other
$3,515,976 $3,515,976
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RISK MANAGEMENT FUND TOTAL $3,886,962 $3,896,704

STATE-ADMINISTERED FUND 2007-08 2008-09
All Other
$2,043,128 $2,043,128
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STATE-ADMINISTERED FUND TOTAL $2,043,128 $2,043,128

Snow Grooming Property Tax Exemption Reimbursement Z024

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$18,565 $18,565
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GENERAL FUND TOTAL $18,565 $18,565

SNOW GROOMING PROPERTY TAX EXEMPTION REIMBURSEMENT Z024

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$18,565 $18,565
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GENERAL FUND TOTAL $18,565 $18,565

Solid Waste Management Fund 0659

Initiative: Provides funding for accounting services provided by the General Government Service Center to the Maine Solid Waste Management Fund.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$10,000 $10,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $10,000 $10,000

SOLID WASTE MANAGEMENT FUND 0659

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$10,000 $10,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $10,000 $10,000

State Controller - Office of the 0056

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
29.000 29.000
Personal Services
$2,219,854 $2,274,537
All Other
$3,197,974 $3,197,974
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GENERAL FUND TOTAL $5,417,828 $5,472,511

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$1,000 $1,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $1,000 $1,000

State Controller - Office of the 0056

Initiative: Adjusts funding for supporting existing information technology agency applications within the agency.

GENERAL FUND 2007-08 2008-09
All Other
$1,099,715 $1,110,862
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GENERAL FUND TOTAL $1,099,715 $1,110,862

State Controller - Office of the 0056

Initiative: Provides funding for debt service for approved development projects.

GENERAL FUND 2007-08 2008-09
All Other
$3,425,169 $3,425,169
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GENERAL FUND TOTAL $3,425,169 $3,425,169

State Controller - Office of the 0056

Initiative: Provides for the reorganization of one Personnel Authorization Assistant position to one Personnel Assistant position resulting from the consolidation of the Personnel Authorization unit originally under the Bureau of Human Resources with the Payroll Division within the Office of the State Controller. This position now has expanded duties involving payroll processing. The funding for this position reclassification is from the deappropriation of funds for general operating expenditures in the All Other line category.

GENERAL FUND 2007-08 2008-09
Personal Services
$3,652 $3,685
All Other
($3,652) ($3,685)
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GENERAL FUND TOTAL $0 $0

STATE CONTROLLER - OFFICE OF THE 0056

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
29.000 29.000
Personal Services
$2,223,506 $2,278,222
All Other
$7,719,206 $7,730,320
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GENERAL FUND TOTAL $9,942,712 $10,008,542

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$1,000 $1,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $1,000 $1,000

Statewide Radio Network System 0112

Initiative: Provides funding for debt service for approved development projects.

GENERAL FUND 2007-08 2008-09
All Other
$1,652,727 $3,423,253
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GENERAL FUND TOTAL $1,652,727 $3,423,253

STATEWIDE RADIO NETWORK SYSTEM 0112

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$1,652,727 $3,423,253
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GENERAL FUND TOTAL $1,652,727 $3,423,253

Trade Adjustment Assistance Health Insurance Z001

Initiative: BASELINE BUDGET

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$20,962 $20,962
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FEDERAL EXPENDITURES FUND TOTAL $20,962 $20,962

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$1,200,000 $1,200,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $1,200,000 $1,200,000

Trade Adjustment Assistance Health Insurance Z001

Initiative: Adjusts the allocation to more accurately reflect the projected expenditure requirements for this program.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
($1,000,000) ($1,000,000)
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OTHER SPECIAL REVENUE FUNDS TOTAL ($1,000,000) ($1,000,000)

TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE Z001

PROGRAM SUMMARY

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$20,962 $20,962
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FEDERAL EXPENDITURES FUND TOTAL $20,962 $20,962

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$200,000 $200,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $200,000 $200,000

Tree Growth Tax Reimbursement 0261

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$5,400,000 $5,400,000
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GENERAL FUND TOTAL $5,400,000 $5,400,000

Tree Growth Tax Reimbursement 0261

Initiative: Provides funding for tree growth tax reimbursements for cities and towns.

GENERAL FUND 2007-08 2008-09
All Other
$150,000 $150,000
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GENERAL FUND TOTAL $150,000 $150,000

TREE GROWTH TAX REIMBURSEMENT 0261

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$5,550,000 $5,550,000
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GENERAL FUND TOTAL $5,550,000 $5,550,000

Unorganized Territory Education and Services Fund - Finance 0573

Initiative: BASELINE BUDGET

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$8,465,000 $8,465,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $8,465,000 $8,465,000

Unorganized Territory Education and Services Fund - Finance 0573

Initiative: Provides funding for grant payments to counties serving the unorganized territories.

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$617,137 $1,162,065
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OTHER SPECIAL REVENUE FUNDS TOTAL $617,137 $1,162,065

UNORGANIZED TERRITORY EDUCATION AND SERVICES FUND - FINANCE 0573

PROGRAM SUMMARY

OTHER SPECIAL REVENUE FUNDS 2007-08 2008-09
All Other
$9,082,137 $9,627,065
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OTHER SPECIAL REVENUE FUNDS TOTAL $9,082,137 $9,627,065

Veterans Tax Reimbursement 0407

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$895,000 $895,000
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GENERAL FUND TOTAL $895,000 $895,000

Veterans Tax Reimbursement 0407

Initiative: Reduces funding to an anticipated level for veterans tax reimbursements.

GENERAL FUND 2007-08 2008-09
All Other
($95,000) ($70,000)
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GENERAL FUND TOTAL ($95,000) ($70,000)

Veterans Tax Reimbursement 0407

Initiative: Provides funds to reimburse municipalities for 50% of the local tax revenue loss associated with increasing the property tax exemption for veterans.

GENERAL FUND 2007-08 2008-09
All Other
$0 $359,800
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GENERAL FUND TOTAL $0 $359,800

Veterans Tax Reimbursement 0407

Initiative: Deappropriates available funds.

GENERAL FUND 2007-08 2008-09
All Other
($50,000) ($59,800)
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GENERAL FUND TOTAL ($50,000) ($59,800)

VETERANS TAX REIMBURSEMENT 0407

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$750,000 $1,125,000
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GENERAL FUND TOTAL $750,000 $1,125,000

Waste Facility Tax Reimbursement 0907

Initiative: BASELINE BUDGET

GENERAL FUND 2007-08 2008-09
All Other
$5,950 $5,950
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GENERAL FUND TOTAL $5,950 $5,950

Waste Facility Tax Reimbursement 0907

Initiative: Provides funding for tax reimbursements to cities and towns for waste facilities.

GENERAL FUND 2007-08 2008-09
All Other
$3,050 $4,050
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GENERAL FUND TOTAL $3,050 $4,050

WASTE FACILITY TAX REIMBURSEMENT 0907

PROGRAM SUMMARY

GENERAL FUND 2007-08 2008-09
All Other
$9,000 $10,000
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GENERAL FUND TOTAL $9,000 $10,000

Workers' Compensation Management Fund Program 0802

Initiative: BASELINE BUDGET

WORKERS' COMPENSATION MANAGEMENT FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
12.000 12.000
Personal Services
$1,291,509 $1,314,429
All Other
$18,104,565 $18,104,565
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WORKERS' COMPENSATION MANAGEMENT FUND TOTAL $19,396,074 $19,418,994

Workers' Compensation Management Fund Program 0802

Initiative: Establishes one Workers' Compensation Case Manager position to assist the division in providing outreach services to state employees. The headcount for this position is offset by the elimination of one vacant Inventory and Property Assistant position in the Lottery Administration program.

WORKERS' COMPENSATION MANAGEMENT FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
1.000 1.000
Personal Services
$73,510 $77,802
All Other
$6,965 $7,617
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WORKERS' COMPENSATION MANAGEMENT FUND TOTAL $80,475 $85,419

WORKERS' COMPENSATION MANAGEMENT FUND PROGRAM 0802

PROGRAM SUMMARY

WORKERS' COMPENSATION MANAGEMENT FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
13.000 13.000
Personal Services
$1,365,019 $1,392,231
All Other
$18,111,530 $18,112,182
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WORKERS' COMPENSATION MANAGEMENT FUND TOTAL $19,476,549 $19,504,413

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
$119,916,455 $124,981,377
FEDERAL EXPENDITURES FUND
$523,264 $523,264
OTHER SPECIAL REVENUE FUNDS
$22,055,241 $22,664,429
FINANCIAL AND PERSONNEL SERVICES FUND
$21,241,101 $21,823,818
POSTAL, PRINTING AND SUPPLY FUND
$4,290,864 $4,380,567
OFFICE OF INFORMATION SERVICES FUND
$57,418,769 $58,510,966
RISK MANAGEMENT FUND
$3,886,962 $3,896,704
WORKERS' COMPENSATION MANAGEMENT FUND
$19,476,549 $19,504,413
CENTRAL MOTOR POOL
$6,863,052 $6,970,280
REAL PROPERTY LEASE INTERNAL SERVICE FUND
$23,392,918 $23,881,643
BUREAU OF REVENUE SERVICES FUND
$150,000 $150,000
RETIREE HEALTH INSURANCE FUND
$48,400,235 $48,400,235
ACCIDENT, SICKNESS AND HEALTH INSURANCE INTERNAL SERVICE FUND
$1,786,812 $1,842,824
STATE-ADMINISTERED FUND
$2,043,128 $2,043,128
STATE LOTTERY FUND
$4,665,981 $4,703,315
FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS HEALTH INSURANCE PROGRAM FUND
$109,392 $111,894
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DEPARTMENT TOTAL - ALL FUNDS $336,220,723 $344,388,857

PART C

Sec. C-1. 20-A MRSA §253, sub-§8  is enacted to read:

8 Statewide support for efficiencies.   The commissioner may expend and disburse funds for the statewide support of operational efficiencies for school administrative units.

Sec. C-2. 20-A MRSA §15671, sub-§7, ¶B,  as amended by PL 2005, c. 2, Pt. D, §34 and affected by §§72 and 74 and c. 12, Pt. WW, §18, 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 54.44% 53.51%.

(4) For fiscal year 2008-09 and succeeding years, the target is 55%.

Sec. C-3. 20-A MRSA §15689, sub-§1, ¶B,  as affected by PL 2005, c. 12, Pt. WW, §18 and amended by c. 457, Pt. I, §1, is further amended to read:

B. The school administrative unit's special education costs as calculated pursuant to section 15681-A, subsection 2 multiplied by the following transition percentages:

(1) In fiscal year 2005-06, 84%;

(2) In fiscal year 2006-07, 84%;

(3) In fiscal year 2007-08, 95% 84%; and

(4) In fiscal year 2008-09 and succeeding years, 100%.

Sec. C-4. 20-A MRSA §15689-A, sub-§13  is enacted to read:

13 Jobs for Maine's Graduates.   The commissioner may expend and disburse funds for the Jobs for Maine's Graduates in accordance with the provisions of chapter 226.

Sec. C-5. 20-A MRSA §15689-A, sub-§14  is enacted to read:

14 Maine School of Science and Mathematics.   The commissioner may expend and disburse funds for the Maine School of Science and Mathematics in accordance with the provisions of chapter 312.

Sec. C-6. 20-A MRSA §15689-A, sub-§15  is enacted to read:

15 Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf.   The commissioner may expend and disburse funds for the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf in accordance with provisions of chapter 304.

Sec. C-7. 20-A MRSA §15689-D,  as enacted by PL 2005, c. 2, Pt. D, §61 and affected by §§72 and 74 and affected by c. 12, Pt. WW, §18, is amended to read:

§ 15689-D. Governor's recommendation for funding levels

The Department of Administrative and Financial Services, Bureau of the Budget shall annually certify to the Legislature the funding levels that the Governor recommends under sections 15683, 15683-A, 15689 and 15689-A. The Governor's recommendations must be transmitted to the Legislature within the time schedules set forth in Title 5, section 1666. The commissioner may adjust, consistent with the Governor’s recommendation for funding levels, per-pupil amounts not related to staffing pursuant to section 15680 and targeted funds pursuant to section 15681.

Sec. C-8. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2007-08 is 7.44.

Sec. C-9. Limitation of increases. Notwithstanding any other provision of law, for fiscal year 2007-08 a school administrative unit may not receive more than a 15% increase in general purpose aid for local schools from 2006-07 to 2007-08 including transition adjustments and excluding any decline in total debt service allocation. For fiscal year 2007-08, the maximum state and local spending target pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A must exclude the amount resulting from the 15% limitation of increases for those school administrative units affected by this limitation.

Sec. C-10. 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 2007-08 is as follows:

2007-08
TOTAL
Total Operating Allocation
Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transition percentage $1,351,740,918
Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 95% transition percentage $1,284,153,872
Transition adjustments pursuant to the Maine Revised Statutes, Title 20-A, section 15686 $3,264,728
Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A $377,071,968
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Total Operating Allocation
Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 95% transition percentage plus transition adjustment pursuant to Title 20-A, section 15686 and total other subsidizable costs pursuant to Title 20-A, section 15681-A $1,664,490,568
Total Debt Service Allocation
Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A $90,484,971
Total Adjustments and Miscellaneous Costs
Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A $72,648,239
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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 2007-08 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B $1,827,623,778

Sec. C-11. 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, 2007 and ending June 30, 2008 is calculated as follows:

2007-08 2007-08
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 $846,003,440 $981,620,338
Limitation of Increases to the State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12
Limitation of increases to the state contributions to the total cost of funding public education from kindergarten to grade 12 $0 ($3,661,953)
Adjusted Local and State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12
Adjusted 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 $0 $977,958,385

Sec. C-12. Limit of State's obligation. If the State's continued obligation for any individual component contained in sections 10 and 11 of this Part exceeds the level of funding provided for that component, any unexpended balances occurring in other programs may be applied to avoid proration of payments for any individual component. Any unexpended balances from sections 10 and 11 of this Part do not lapse but must be carried forward for the same purpose.

Sec. C-13. Authorization of payments. Sections 1 to 11 of this Part may not be construed to require the State to provide payments that exceed the appropriation of funds for general purpose aid for local schools for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

PART D

Sec. D-1. 20-A MRSA §13013-A, sub-§2,  as enacted by PL 2005, c. 519, Pt. AAAA, §1, is amended to read:

2. Local filing; certification.   On or before October 15th annually, the superintendent of schools of a school administrative unit or the chief administrative officer of a career and technical education region shall file with the commissioner a certified list of national board-certified teachers eligible to receive the salary supplement pursuant to subsection 1.

Sec. D-2. 20-A MRSA §13013-A, sub-§4,  as enacted by PL 2005, c. 683, Pt. H, §1, is amended to read:

4. Expend funds.   For fiscal year 2006-07 only, a A school administrative unit may expend funds received through the salary supplement under subsection 1 without calling for a special meeting of the local legislative body.

Sec. D-3. 20-A MRSA §15689, sub-§1-A,  as enacted by PL 2005, c. 519, Pt. AAAA, §14, is amended to read:

1-A. Adjustments to state contributions to member municipalities in certain school districts.   Beginning in fiscal year 2007-08, the minimum state allocation provisions of subsection 1 are applicable for each case when one or more member municipalities, but not all the district's member municipalities, have a local contribution that is below the mill rate expectation established pursuant to section 15671-A and a member municipality's local contribution pursuant to section 15688 is 5% greater than that municipality's local share would have been under its existing local cost-sharing formula. For each school district eligible under this subsection, the minimum state allocation provisions of subsection 1 are applicable for each member municipality that has a local contribution that is below the mill rate expectation established pursuant to section 15671-A, except that the transition percentages in section 15689, subsection 1, paragraph B must be applied and the results must be multiplied by the percentage of calendar year resident pupils in the member municipality. A school administrative district or community school district that meets the eligibility criteria in this subsection must have its local contribution adjusted as follows.
A The municipality's local contribution as determined pursuant to section 15688 must be reduced by an amount equal to the municipality's minimum special education allocation as determined in this subsection.

Sec. D-4. 20-A MRSA §15689, sub-§7, ¶A,  as enacted by PL 2005, c. 635, §9, is amended to read:

A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings.

(1) "Qualifying school administrative unit" means a school administrative unit or a career and technical education region that the commissioner has determined has a locally established salary schedule with a minimum teacher salary of less than $30,000 in school year 2008-2009.

Sec. D-5. 20-A MRSA §15689, sub-§7, ¶D,  as enacted by PL 2005, c. 683, Pt. H, §2, is amended to read:

D.  For fiscal year 2006-07 only, a A school administrative unit may expend any funds received through the adjustment under this section without calling for a special meeting of the local legislative body.

Sec. D-6. 20-A MRSA §15689, sub-§9  is enacted to read:

9 Regionalization, consolidation and efficiency assistance adjustment.   The commissioner may expend and disburse funds limited to the amount appropriated by the Legislature to carry out the purposes of promoting regionalization, consolidation and efficiency. These funds must be an adjustment to the qualifying school administrative unit's state allocation.

Sec. D-7. 20-A MRSA §15689-A, sub-§5,  as enacted by PL 2005, c. 2, Pt. D, §61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is repealed.

Sec. D-8. 20-A MRSA §15689-A, sub-§10,  as amended by PL 2005, c. 519, Pt. J, §2, is further amended to read:

10. Data management and support services for essential programs and services.   The commissioner may pay costs attributed to system maintenance and staff support necessary to implement the requirements of the Essential Programs and Services Funding Act. A transfer of All Other funds from the General Purpose Aid for Local Schools account to Personal Services in the Management Information Systems account for 5 6.615 positions that provide professional and administrative support to general purpose aid for local schools in the department's management information systems program may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor.

Sec. D-9. 20-A MRSA §15689-A, sub-§12-A  is enacted to read:

12-A Learning through technology.   The commissioner may pay costs attributed to staff support and system maintenance for a program that promotes learning through technology. A transfer of All Other funds from the General Purpose Aid for Local Schools account to Personal Services and All Other line categories in the Learning Through Technology General Fund account sufficient to support the Personal Services and All Other costs of one Education Team and Policy Director position, one Education Specialist III position, one Planning and Research Associate I position and the agreement that provides one-to-one wireless computers for 7th grade, 8th grade and high school students and educators may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor.

PART E

Sec. E-1. 20-A MRSA §15754,  as amended by PL 2005, c. 386, Pt. E, §1, is repealed.

PART F

Sec. F-1. 21-A MRSA §1125, sub-§3, ¶A,  as enacted by IB 1995, c. 1, §17, is amended to read:

A. For a gubernatorial candidate, at least 2,500 3,250 verified registered voters of this State must support the candidacy by providing a qualifying contribution to that candidate;

Sec. F-2. General Fund transfer to Maine Clean Election Fund. Notwithstanding Title 21-A, section 1124, subsection 2, paragraph B, in lieu of the $2,000,000 transfer authorized to be made on January 1, 2009, the State Controller shall transfer $700,000 from the General Fund to the Maine Clean Election Fund on September 1, 2008 in order to ensure that adequate funds will be available to the Commission on Governmental Ethics and Election Practices.

PART G

Sec. G-1. Calculation and transfer; General Fund health insurance savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 2 that apply against each General Fund account for all departments and agencies except legislative branch departments and agencies from savings in the cost of health insurance and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2007-08 and 2008-09. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts no later than November 1, 2007.

Sec. G-2. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Departments and Agencies - Statewide 0016

Initiative: Reduces funding to reflect savings to the State for the cost of health insurance.

GENERAL FUND 2007-08 2008-09
Personal Services
($782,570) ($1,668,244)
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GENERAL FUND TOTAL ($782,570) ($1,668,244)

Departments and Agencies - Statewide 0016

Initiative: Savings achieved through changes to be adopted by the State Employee Health Commission.

GENERAL FUND 2007-08 2008-09
Personal Services
($500,000) ($500,000)
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GENERAL FUND TOTAL ($500,000) ($500,000)

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
($1,282,570) ($2,168,244)
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DEPARTMENT TOTAL - ALL FUNDS ($1,282,570) ($2,168,244)

PART H

Sec. H-1. 36 MRSA §4641-B, sub-§4,  as amended by PL 2005, c. 644, §4, is further amended to read:

4. Distribution of State's share of proceeds.   The State Tax Assessor shall pay all net receipts received pursuant to this section to the Treasurer of State, and shall at the same time provide the Treasurer of State with documentation showing the amount of revenues derived from the tax imposed by section 4641-A, subsection 1 and the amount of revenues derived from the tax imposed by section 4641-A, subsection 2. The Treasurer of State shall credit 1/2 of the revenues derived from the tax imposed by section 4641-A, subsection 1 to the General Fund and shall monthly pay the remaining 1/2 of such revenues to the Maine State Housing Authority, which shall deposit the funds in the Housing Opportunities for Maine Fund created in Title 30-A, section 4853, except that in fiscal year 2003-04, fiscal year 2004-05 and fiscal year 2005-06, $7,500,000 of the remaining 1/2 of those revenues must be transferred to the General Fund before any payments are made to the Maine State Housing Authority and , in fiscal year 2006-07, $7,687,067 of the remaining 1/2 of those revenues must be transferred to the General Fund before any payments are made to the Maine State Housing Authority and in fiscal year 2007-08 and fiscal year 2008-09, $5,000,000 of the remaining 1/2 of those revenues must be transferred to the General Fund before any payments are made to the Maine State Housing Authority. The Treasurer of State shall credit to the General Fund all of the revenues derived from the tax imposed by section 4641-A, subsection 2.

PART I

Sec. I-1. 5 MRSA §935, sub-§1, ¶H,  as enacted by PL 1983, c. 729, §4, is repealed.

PART J

Sec. J-1. Transfer of funds; overtime expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, upon approval of the Governor, is authorized to transfer, by financial order, Personal Services, All Other or Capital Expenditures funding between accounts within the same fund for the purpose of paying overtime expenses.

PART K

Sec. K-1. 5 MRSA §13110, first ¶,  as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

The office, the University of Maine System and the EPSCoR steering committee Governor's Maine Science and Technology Advisory Council are jointly responsible for the administration of the Maine Experimental Program to Stimulate Competitive Research, referred to in this chapter as "the Maine EPSCoR Program," which is established in this section as a partnership effort between the State Government and the Federal Government to strengthen the State's science and engineering infrastructure.

Sec. K-2. 5 MRSA §13110, sub-§2,  as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

2. Policy recommendation.   Through the office, the University of Maine System and the EPSCoR steering committee Governor's Maine Science and Technology Advisory Council, the Maine EPSCoR Program may recommend to the Governor and the Legislature policies and programs essential to the strengthening of the State's science and engineering infrastructure.

Sec. K-3. 5 MRSA §13110-A, sub-§1, ¶C,  as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

C. "Research capacity committee" means the EPSCoR steering committee Governor's Maine Science and Technology Advisory Council referred to in section 13110.

PART L

Sec. L-1. Program name change. The Maine Small Business Commission program within the Department of Economic and Community Development is renamed the Maine Small Business and Entrepreneurship Commission program.

PART M

Sec. M-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, 2009 special voluntary employee incentive programs for state employees, including a 50% workweek option, flexible position staffing and time off without pay. Employee participation in a voluntary employee incentive program is subject to the approval of the employee's appointing authority.

Sec. M-2. Continuation of health insurance. Notwithstanding the Maine Revised Statutes, Title 5, section 285, subsection 7 and section 903, the State shall continue to pay health and dental insurance benefits for state employees who apply prior to July 1, 2009 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. M-3. Continuation of group life insurance. Notwithstanding the Maine Revised Statutes, Title 5, sections 903 and 18056 and the rules of the Maine State Retirement System, the life, accidental death and dismemberment, supplemental and dependent insurance amounts for a state employee who applies prior to July 1, 2009 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. M-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, 2009.

Sec. M-5. Lapsed balances. Notwithstanding any other provision of law, $350,000 in fiscal year 2007-08 and $350,000 in fiscal year 2008-09 of savings identified from the voluntary employee incentive programs in this Part lapse to the General Fund.

PART N

Sec. N-1. Transfer of Personal Services appropriation. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, available balances of General Fund appropriations for Personal Services in fiscal year 2007-08 and fiscal year 2008-09 may be transferred by financial order between programs and departments within the General Fund upon recommendation of the State Budget Officer and approval of the Governor to be used for costs associated with collective bargaining agreements for state employees.

PART O

Sec. O-1. 12 MRSA §10202, sub-§9,  as amended by PL 2005, c. 12, Pt. Z, §1, is further amended to read:

9. Fiscal Stability Program.   The Fiscal Stability Program is established to ensure that the general public and hunters and anglers share the cost of the fish and wildlife conservation programs of the department. To achieve this goal, beginning with the 2008-2009 2010-2011 biennial budget and for each biennial budget thereafter, the biennial budget submitted by the executive branch must include an additional General Fund appropriation of 18% in excess of the department's requested biennial budget.

PART P

Sec. P-1. 35-A MRSA §116, sub-§4,  as amended by PL 1997, c. 586, §4, is further amended to read:

4. Use of funds.   The Public Utilities Commission may use the revenues provided in accordance with this section to fund 65 employees and to defray the costs incurred by the commission pursuant to this Title, including administrative expenses, general regulatory expenses, consulting fees and all other reasonable costs incurred to administer this Title.

PART Q

Sec. Q-1. Maine Governmental Facilities Authority; issuance of securities. Pursuant to the Maine Revised Statutes, Title 4, section 1606, the Maine Governmental Facilities Authority is authorized to issue securities in its own name in an amount up to $11,000,000 in fiscal year 2007-08 and $6,000,000 in fiscal year 2008-09 for the purpose of paying the cost, including preliminary planning costs, including but not limited to needs assessments and space planning, master planning, capital asset assessments, concept design, design development and final design including construction drawings, associated with capital repairs and improvements to state-owned facilities throughout the State as designated by the Commissioner of Administrative and Financial Services. The authority may also issue additional securities in its own name in an amount up to $750,000 in fiscal year 2007-08 for preconstruction costs and capital improvements for a Department of Corrections project at the Bangor campus and for other capital improvements at the correctional facilities within the Department of Corrections any part or all of which may be advanced by the Department of Administrative and Financial Services, Bureau of General Services with reimbursement upon issuance of the additional securities.

Sec. Q-2. Proceeds. The proceeds from the sale of the securities issued by the Maine Governmental Facilities Authority pursuant to the Maine Revised Statutes, Title 4, section 1606 must be used solely for the purpose for which the securities were authorized.

Sec. Q-3. Debt Service - Governmental Facilities Authority account; balance carried forward. Notwithstanding any other provision of law, any unexpended balance in the Debt Service - Governmental Facilities Authority, General Fund account in the Department of Administrative and Financial Services on June 30, 2007 must be carried forward for the same purpose until June 30, 2009.

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 2007-08 and 2008-09 for the acquisition of motor vehicles for the Central Fleet Management Division. The financing agreements entered into in each fiscal year may not exceed $5,000,000 in principal costs, and a financing arrangement may not exceed 4 years in duration. The interest rate may not exceed 8%. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Fleet Management Division account.

Sec. R-2. 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 2007-08 and 2008-09 for the acquisition of motor vehicles for the State Police. The financing arrangements entered into each fiscal year may not exceed $1,800,000 in principal costs, and a financing arrangement may not exceed 3 years in duration. The interest rate may not exceed 8%, and total interest costs with respect to the financing arrangements entered into in each fiscal year may not exceed $300,000. The annual principal and interest costs must be paid from the appropriate line category appropriations and allocations in the Department of Public Safety General Fund and Highway Fund accounts.

Sec. R-3. 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, Office of Information Technology may enter into financing arrangements on or after January 1, 2009 for the acquisition of hardware, software and systems to support the operations of the Statewide Radio and Network System Reserve Fund, established in Title 5, section 1520. The financial agreements may not exceed 7 years in duration and $15,000,000 in principal costs. The interest rate may not exceed 7% and interest costs may not exceed $4,230,000. Annual principal and interest costs must be paid from the Office of Information Technology, Statewide Radio and Network System Reserve Fund.

PART S

Sec. S-1. 30-A MRSA §5681, sub-§5, ¶A,  as amended by PL 2005, c. 12, Pt. E, §1, is further amended to read:

A. For months beginning before July 1, 2007 2009, 5.1%; and

Sec. S-2. 30-A MRSA §5681, sub-§5, ¶B,  as amended by PL 2005, c. 12, Pt. E, §1, is further amended to read:

B. For months beginning on or after July 1, 2007 2009, 5.2%.

PART T

Sec. T-1. Prepayment of the annual cost of teachers’ retirement. The State Controller shall pay the annual cost of teachers' retirement for fiscal year 2008-09 on or before July 15, 2008 if the State Controller determines, after consultation with the State Treasurer, that there is sufficient cash flow in the General Fund to pay the entire amount due. If the State Controller determines insufficient cash flow exists to make the entire payment of the annual cost on or before July 15, 2008, the State Controller shall submit a plan to the Joint Standing Committee on Appropriations and Financial Affairs by January 1, 2008 to accelerate payments in a manner that does not adversely affect the General Fund’s operating cash or adversely affect the State Treasurer’s cash pool.

Sec. T-2. Savings calculated. The Maine State Retirement System shall calculate the annualized savings to the State by moving the payment date in accordance with any plan developed by the State Controller related to payment of the annual cost of teacher's retirement for fiscal year 2008-09.

Sec. T-3. Appropriations and allocations. The following appropriations and allocations are made.

EDUCATION, DEPARTMENT OF

Teacher Retirement 0170

Initiative: Deappropriates funds due to prepaying of retirement benefits on or before July 15, 2008 for fiscal year 2008-09.

GENERAL FUND 2007-08 2008-09
All Other
$0 ($6,794,273)
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $0 ($6,794,273)

PART U

Sec. U-1. 3 MRSA §753,  as enacted by PL 1985, c. 507, §1, is repealed and the following enacted in its place:

§ 753 Expenses

All administrative operating expenses of the Maine Legislative Retirement System must be charged to the assets of the Maine Legislative Retirement System.

Sec. U-2. 3 MRSA §803, sub-§4,  as enacted by PL 1985, c. 507, §1, is amended to read:

4. Minimum amount of employer contribution.   The aggregate payment by the State into the fund shall must be at least sufficient to provide the benefits payable out of the fund and the administrative operating expenses of the Maine Legislative Retirement System during the current year.

Sec. U-3. 4 MRSA §1253,  as enacted by PL 1983, c. 853, Pt. C, §§15 and 18, is repealed and the following enacted in its place:

§ 1253 Expenses

All administrative operating expenses of the Maine Judicial Retirement System must be charged to the assets of the funds of the Maine Judicial Retirement System.

Sec. U-4. 4 MRSA §1303, sub-§4,  as enacted by PL 1983, c. 853, Pt. C, §§15 and 18, is amended to read:

4. Minimum amount of employer contribution.   The aggregate payment by the State into the fund shall must be at least sufficient to provide the benefits payable out of the fund and the administrative operating expenses of the Maine Judicial Retirement System during the current year.

Sec. U-5. 5 MRSA §17102, sub-§7,  as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

7. Expenses.   The necessary expenses incurred by the board in the operation of the retirement system shall must be paid from the funds so allocated according to the purpose for which they are incurred from the assets of the fund or funds established in section 17152.

Sec. U-6. 5 MRSA §17154, sub-§6,  as amended by PL 2005, c. 2, Pt. D, §1 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:

6. Payment of employer charges for teachers.   For teachers, percentage rates to be predetermined by the actuary and approved by the board shall must be applied to the total earnable compensation of members covering the most recent school year preceding the preparation of the biennial budget.
A. The resulting amount shall must be appropriated and credited to the appropriate funds.
B. Notwithstanding this section, the employer retirement costs and administrative operating expenses related to the retirement system plans applicable to those teachers whose funding is provided from federal grants or through federal reimbursement shall must be paid by local school systems from those federal funds.
C. Notwithstanding this section, the employer retirement cost costs and administrative operating expenses related to the retirement system plan applicable to those teachers who are permitted to continue to accrue service credit while on a one-year leave of absence and participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State shall must be paid from funds provided by the college employing the teacher during that year.
D. Notwithstanding this section, the employer retirement cost costs and administrative operating expenses related to the retirement system plan applicable to a teacher who is permitted to continue to accrue service credit while on a leave of absence and serving as President of the Maine Education Association must be paid from funds provided by the Maine Teachers Association. For purposes of this paragraph, in computing the employer cost, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position.
E. Notwithstanding this section, the employer retirement costs and administrative operating expenses related to the retirement system plans applicable to those teachers whose funding is provided directly or through reimbursement from private or public grants must be paid by local school systems from those funds. "Public grants" does not include state or local funds provided to school administrative units under Title 20-A, chapters 315 and 606-B.
F. Notwithstanding this section, effective September 1, 1993, the employer retirement cost costs and administrative operating expenses related to the retirement system plans, less the unfunded liability, that are applicable to a teacher who is permitted to continue to accrue service credit while on released time and serving as president of a recognized or certified collective bargaining agent representing teachers must be paid from funds provided by the collective bargaining agent or school administrative unit. For purposes of this paragraph, in computing the employer cost, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position.

Sec. U-7. 5 MRSA §17254,  as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

§ 17254. Minimum state contribution

The aggregate payment by the State into the Retirement Allowance Fund for state employees and teachers shall must be at least sufficient, when combined with the amount in the Retirement Allowance Fund, to provide the benefits payable out of the fund and the administrative operating expenses of the Maine State Retirement System during the current year.

Sec. U-8. Retirement administrative costs. Beginning July 1, 2007, administrative costs and expenses attributable to the administrative operating budget of the Maine State Retirement System's state employee, teacher, legislative and judicial pension funds must be charged against the assets of the applicable fund.

Sec. U-9. Calculation and transfer; General Fund savings; retirement administrative costs. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 10 of this Part that applies against each General Fund account for all departments and agencies from reducing funding for the administrative costs of the Maine State Retirement System for state employees and state-funded teachers and shall transfer amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2007-08 and 2008-09. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts no later than November 1, 2007. The following General Fund accounts are exempt from these calculations: Disproportionate Share - Riverview and Disproportionate Share - Dorothea Dix Psychiatric Center within the Department of Health and Human Services, all General Fund accounts within the Department of Inland Fisheries and Wildlife and the Education Unorganized Territory account within the Department of Education.

Sec. U-10. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Departments and Agencies - Statewide 0016

Initiative: Deappropriates funds to reflect a different methodology for funding the administrative costs of the Maine State Retirement System.
GENERAL FUND 2007-08 2008-09
Personal Services
($1,210,050) ($1,210,187)
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL ($1,210,050) ($1,210,187)

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
($1,210,050) ($1,210,187)
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS ($1,210,050) ($1,210,187)

EDUCATION, DEPARTMENT OF

Teacher Retirement 0170

Initiative: Deappropriates funds to reflect a different methodology for funding the administrative costs of the Maine State Retirement System.
GENERAL FUND 2007-08 2008-09
All Other
($5,031,551) ($5,031,551)
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL ($5,031,551) ($5,031,551)

EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
($5,031,551) ($5,031,551)
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS ($5,031,551) ($5,031,551)

PART V

Sec. V-1. 36 MRSA §5142, sub-§3-A,  as enacted by PL 2005, c. 12, Pt. MMMM, §1 and as affected by §3, is amended to read:

3-A. Gain or loss on sale of partnership interest.   Notwithstanding subsection 3, the gain or loss on the sale of a partnership interest is sourced to this State in an amount equal to the gain or loss multiplied by the ratio obtained by dividing the original cost of partnership tangible property located in Maine by the original cost of partnership tangible property everywhere, determined at the time of the sale. Tangible property includes property owned or rented and is valued in accordance with section 5211, former subsection 10. If more than 50% of the value of the partnership's assets consist of intangible property, gain or loss from the sale of the partnership interest is sourced to this State in accordance with the sales factor of the partnership for its first full tax period immediately preceding the tax period of the partnership during which the partnership interest was sold. For purposes of this subsection, the sales factor of a partnership is determined in accordance with section 5211, subsections 14, 15 and 16 16-A. This subsection does not apply to the sale of a limited partner's interest in an investment partnership where more than 80% of the value of the partnership's total assets consists of intangible personal property held for investment, except that such property cannot include an interest in a partnership unless that partnership is itself an investment partnership.

If the apportionment provisions of this section do not fairly represent the extent of the partnership's business activity in this State, the taxpayer may petition for, or the State Tax Assessor may require, in respect to all or any part of the partnership's business activity the employment of any other method to effectuate an equitable apportionment to this State of the partner's income from the sale of the partnership interest.

Sec. V-2. 36 MRSA §5211, sub-§8,  as amended by PL 1991, c. 502, §1 and as affected by §2, is further amended to read:

8. Formula for apportionment of income to State.   All income shall be apportioned to this State by multiplying the income by a fraction, the numerator of which is the property factor plus the payroll factor plus twice the sales factor , and the denominator of which is 4.

Sec. V-3. 36 MRSA §5211, sub-§9,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-4. 36 MRSA §5211, sub-§10,  as amended by PL 1999, c. 708, §43, is repealed.

Sec. V-5. 36 MRSA §5211, sub-§11,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-6. 36 MRSA §5211, sub-§12,  as amended by PL 2001, c. 439, Pt. D, §8 and affected by §9, is repealed.

Sec. V-7. 36 MRSA §5211, sub-§13,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-8. 36 MRSA §5211, sub-§16,  as amended by PL 2005, c. 12, Pt. MMMM, §2 and affected by §3, is repealed.

Sec. V-9. 36 MRSA §5211, sub-§16-A  is enacted to read:

16-A Other sales.   Sales other than sales of tangible personal property are sourced as follows.
A Except as otherwise provided by this subsection, receipts from the performance of services must be attributed to the state where the services are received. If the state where the services are received is not readily determinable, the services are deemed to be received at the home of the customer or, in the case of a business, the office of the customer from which the services were ordered in the regular course of the customer's trade or business. If the ordering location cannot be determined, the services are deemed to be received at the home or office of the customer to which the services are billed. In instances in which the purchaser of the service is the Federal Government or the receipts are otherwise attributable to a state in which the taxpayer is not taxable, the receipts are attributable to this State if a greater proportion of the income-producing activity is performed in this State than in any other state based on costs of performance.
B Gross receipts from the license, sale or other disposition of patents, copyrights, trademarks or similar items of intangible personal property must be attributed to this State if the intangible property is used in this State by the licensee or if the taxpayer's commercial domicile is in this State and the taxpayer is not taxable in the state in which the property is used by the licensee. If the intangible personal property is used by the licensee in more than one state, the income must be apportioned to this State according to the portion of use in this State. In instances in which the purchaser or licensee of the intangible personal property is the Federal Government or the receipts are otherwise attributable to a state in which the taxpayer is not taxable, the receipts are attributable to this State if a greater proportion of the income-producing activity is performed in this State than in any other state based on costs of performance.
C Receipts from the sale, lease, rental or other use of real property is sourced to this State if the real property is located in this State.
D Receipts from the lease or rental of tangible personal property must be attributed to this State if the property is located in this State.
E Receipts from items of income described in section 5206-E, subsection 2, paragraphs C to I must be sourced to this State as provided in those paragraphs. For purposes of this paragraph, section 5206-E, subsection 2, paragraphs G and H must include the related payment processing fees.
F A sale of a partnership interest must be sourced in accordance with the provisions of section 5142, subsection 3-A.

Sec. V-10. 36 MRSA §5211, sub-§17, ¶A,  as enacted by P&SL 1969, c. 154, §F, is amended to read:

A. Separate accounting; or

Sec. V-11. 36 MRSA §5211, sub-§17, ¶B,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-12. 36 MRSA §5211, sub-§17, ¶C,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. V-13. 36 MRSA §5212, sub-§2, ¶C,  as enacted by PL 1999, c. 754, §1 and affected by §2, is amended to read:

C. Receipts other than from the provision of services described in paragraph B are Maine receipts if they would qualify as Maine sales under section 5211, subsection 15 or 16 16-A.

Sec. V-14. 36 MRSA §5244,  as amended by PL 1997, c. 24, Pt. C, §12 and affected by §16, is further amended to read:

§ 5244. Combined report

The combined report required by section 5220, subsection 5, must include, both in the aggregate and by corporation, a list of the federal taxable income, the modifications provided by section 5200-A, the property, payroll and sales in Maine and everywhere as defined in chapter 821 and the Maine net income of the unitary business. Neither the income nor the property, payroll and sales of a corporation that is not required to file a federal income tax return may be included in the combined report.

Sec. V-15. Application. Those sections of this Part that amend the Maine Revised Statutes, Title 36, sections 5211 and 5244 and apply to tax years beginning on or after January 1, 2007.

PART W

Sec. W-1. 36 MRSA §1861-A,  as amended by PL 2003, c. 391, §1, is further amended to read:

§ 1861-A. Reporting use tax on individual income tax returns

The assessor shall provide that individuals report use tax on items with a purchase sale price of $5,000 or less on their Maine individual income tax returns. Taxpayers are required to attest to the amount of their use tax liability for the period of the tax return. Alternatively, they may elect to report an amount that is .04% .08% of their Maine adjusted gross income. The table amount does not relate to items with a purchase price in excess of $1,000. Liability arising from such items must be added to the table amount. A taxpayer electing to satisfy a use tax liability by estimating it shall calculate the liability in accordance with the use tax table. The estimated liability is applicable only to purchases of any individual items each having a sale price no greater than $1,000. For each taxable item with a sale price greater than $1,000 but no more than $5,000, the actual use tax liability for each purchase must be added to the amount of the estimated liability derived from the use tax table. Upon subsequent review, if use tax liability for the period of the return exceeds the amount of liability arising from use tax paid with the return, a credit of the that amount of liability arising from the return paid relative to the item or items being supplementarily assessed is allowed subject to the limitation set out in this section. The credit is limited to the amount of liability arising from the return for items with a sale price of $1,000 or less and may be applied only against a liability determined on review with regard to items with a sale price of $1,000 or less. Use tax on any item with a purchase sale price of more than $5,000 must be reported in accordance with section 1951-A.

Sec. W-2. Effective date; application. This Part takes effect January 1, 2008 and applies to tax years beginning on or after January 1, 2008.

PART X

Sec. X-1. Carrying balance; Bureau of Medical Services, General Fund account. Notwithstanding any other provision of law, any All Other line category balance in the Department of Health and Human Services, Bureau of Medical Services, General Fund account remaining on June 30, 2008 may not lapse but must be carried forward to June 30, 2009 to be used for the same purposes.

Sec. X-2. Transfer of funds. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, available balances of appropriations in MaineCare General Fund accounts may be transferred between accounts by financial order upon the recommendation of the State Budget Officer and approval of the Governor.

Sec. X-3. Authorized MaineCare program transfers defined. The authority to transfer funds pursuant to section 2 of this Part is limited to the following General Fund programs:

1. Medical Care - Payments to Providers;
2. Nursing Facilities;
3. Medicaid Match - Mental Retardation;
4. Mental Health Services - Child Medicaid;
5. Mental Health Services - Community Medicaid;
6. Mental Retardation Waiver - MaineCare Waiver;
7. Office of Substance Abuse - Medicaid Seed;
8. Low-cost Drugs to Maine's Elderly; and
9. Bureau of Medical Services.

Sec. X-4. Available MaineCare balances defined. The authority to transfer funds pursuant to section 2 of this Part is limited to balances determined by the Commissioner of Health and Human Services to be available. Balances may not be determined available if the specific program or MaineCare program expenditures in aggregate are projected to exceed appropriated amounts during the fiscal year. For the purposes of this section, expenditures include expenditures, obligations and any other program costs intentionally deferred for financial reasons.

Sec. X-5. Weekly MaineCare reporting. Until June 30, 2009, the Commissioner of Health and Human Services shall issue a weekly financial summary and report on MaineCare program expenditures. The report must be submitted to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over human services matters and must be presented in a budget to actual format detailing amounts at the program level. This reporting requirement is in addition to the reporting requirements contained in the Maine Revised Statutes, Title 20-A, section 3174-B.

Sec. X-6. Quarterly MaineCare reporting. Until June 30, 2009, the Commissioner of Health and Human Services shall issue a quarterly financial summary and report on MaineCare program expenditures. The report must be submitted to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters within 14 days of certification of the quarterly CMS-64 report to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services. This report must segregate expenditures by fund and by category of service. This reporting requirement is in addition to the reporting requirements contained in the Maine Revised Statutes, Title 22, section 3174-B.

PART Y

Sec. Y-1. Cost-of-living adjustments for nursing facilities. Notwithstanding any other provision of law, any unexpended balance in the Department of Health and Human Services, Nursing Facilities, Other Special Revenue Funds account as of June 30, 2007 and June 30, 2008 carries forward for the purpose of funding cost-of-living adjustments for nursing facilities licensed under the Maine Revised Statutes, Title 22, chapter 405 and residential care facilities as defined in Title 22, section 7852, subsection 14 in fiscal year 2007-08 and fiscal year 2008-09.

Sec. Y-2. Reimbursement rate. Notwithstanding any other provision of law, the Department of Health and Human Services shall provide cost-of-living adjustments to nursing facilities licensed under the Maine Revised Statutes, Title 22, chapter 405 and residential care facilities as defined in Title 22, section 7852, subsection 14 in fiscal year 2007-08 and fiscal year 2008-09 in the amount of 2%, as applied to all components of the reimbursement rate except the fixed cost component, per year per facility. If the Commissioner of Health and Human Services determines as of May 1, 2007, for fiscal year 2007-08, and May 1, 2008, for fiscal year 2008-09, that sufficient funds are not projected to be available pursuant to sections 1 and 4 of this Part to fund a 2% adjustment for fiscal year 2007-08 or fiscal year 2008-09, then the department may reduce the percentage adjustment for that fiscal year to the extent necessary to ensure that the amount available in the Nursing Facilities, Other Special Revenue Funds account is sufficient to fund the adjustment provided. In projecting the amount available, the commissioner shall consider the projected amount to be carried forward pursuant to section 1 of this Part and the department's best reasonable estimate of the expected tax revenue growth in the fiscal year for which the adjustment will be provided. The department shall publish its calculation of the projected available funds and the resulting cost-of-living adjustment no later than May 25, 2007 for fiscal year 2007-08 and May 26, 2008 for fiscal year 2008-09.

Sec. Y-3. Increase for frontline employees. Any facility that accepts the cost-of-living adjustment authorized under this Part for fiscal year 2007-08 and fiscal year 2008-09 must provide an equal percentage increase in wages and benefits to all frontline employees in each of those years in accordance with the Department of Health and Human Services' principles of reimbursement for nursing facilities. For the purposes of this section, "frontline employees" means all employees who work in the facility, excluding the administrator. Notwithstanding any other provision of law, the amount of the cost-of-living adjustment to be recouped for any failure to comply with this section is limited to the portion of the adjustment that:

1. Applies to wage and benefit expense; and

2. Exceeds the percentage increase in wages and benefits actually provided to frontline employees during the applicable fiscal period.

Sec. Y-4. Cost-of-living funding. Except as specifically allocated to other purposes under Part A, any unexpended balances in the Department of Health and Human Services, Nursing Facilities, Other Special Revenue Funds account as of June 30, 2007 and June 30, 2008 must first be used to the extent necessary to fund the cost-of-living adjustments granted in section 2 of this Part.

Sec. Y-5. Department of Health and Human Services quarterly report. The Commissioner of Health and Human Services shall prepare on a quarterly basis a report on balances available in the Nursing Facilities, Other Special Revenue Funds account as a result of nursing facility provider tax collections, and on updated projections of balances that will be available for the remainder of the 2008-2009 biennium. This report must be provided on a quarterly basis to the joint standing committee of the Legislature having jurisdiction over health and human services matters and to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, beginning October 15, 2007.

PART Z

Sec. Z-1. Position transfers; transfer of funds; Department of Health and Human Services. Notwithstanding any other provision of law, in fiscal year 2007-08 and fiscal year 2008-09 the Department of Health and Human Services may transfer up to 30 Intensive Case Manager positions in the Mental Health Services - Community program, as those positions become vacant, to the Office of Integrated Access and Support program to be reorganized as Family Independence Specialist positions upon the recommendation of the State Budget Officer and approval of the Governor. Available balances of Personal Services appropriations resulting from those vacancies may be transferred within the Personal Services line category within the same fund from the Mental Health Services - Community program to the Office of Integrated Access and Support program by financial order upon the recommendation of the State Budget Officer and approval of the Governor. The department is authorized to increase the allocation in the Other Special Revenue Funds in order to allocate the cost of the Family Independence Specialist positions between the General Fund and Other Special Revenue Funds based on the permissible federal match rate. These transfers and allocation increases are considered adjustments to authorized position counts, appropriations and allocations in fiscal year 2007-08 and fiscal year 2008-09, except that General Fund amounts transferred that are not required for Personal Services costs must be transferred to the General Fund.

The Commissioner of Health and Human Services shall provide a report to the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs no later than January 15, 2008 and January 15, 2009 on all legislative count and amounts transferred under this section.

PART AA

Sec. AA-1. Calculation and transfer; General Fund appropriations for legal services; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of the appropriations provided in section 2 to the Department of Health and Human Services for legal services that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

Sec. AA-2. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Departmentwide 0640

Initiative: Provides funding to correct the mechanism of billing the department for legal services by the Department of the Attorney General.

GENERAL FUND 2007-08 2008-09
All Other
$3,043,258 $3,184,982
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GENERAL FUND TOTAL $3,043,258 $3,184,982

PART BB

Sec. BB-1. Calculation and transfer; funding for information technology; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of appropriations provided in section 2 to the Department of Health and Human Services for information technology that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

Sec. BB-2. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Departmentwide 0019

Initiative: Adjusts funding to meet the current rates published by the Office of Information Technology for the replacement of desktop and laptop computers.

GENERAL FUND 2007-08 2008-09
All Other
$112,033 $112,750
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GENERAL FUND TOTAL $112,033 $112,750

Departmentwide 0019

Initiative: Adjusts funding for information technology services provided to agency employees based on fiscal years 2007-08 and 2008-09 Office of Information Technology monthly rates. Services include e-mail, file services and desktop and laptop support.

GENERAL FUND 2007-08 2008-09
All Other
$227,463 $228,918
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GENERAL FUND TOTAL $227,463 $228,918

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
$339,496 $341,668
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DEPARTMENT TOTAL - ALL FUNDS $339,496 $341,668

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Departmentwide 0640

Initiative: Adjusts funding to meet the current rates published by the Office of Information Technology for the replacement of desktop and laptop computers.

GENERAL FUND 2007-08 2008-09
All Other
$385,685 $396,963
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GENERAL FUND TOTAL $385,685 $396,963

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$112,034 $112,750
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FEDERAL EXPENDITURES FUND TOTAL $112,034 $112,750

Departmentwide 0640

Initiative: Adjusts funding for information technology services provided to agency employees based on fiscal years 2007-08 and 2008-09 Office of Information Technology monthly rates. Services include e-mail, file services and desktop and laptop support.

GENERAL FUND 2007-08 2008-09
All Other
$783,058 $805,956
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GENERAL FUND TOTAL $783,058 $805,956

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
$227,462 $228,918
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FEDERAL EXPENDITURES FUND TOTAL $227,462 $228,918

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
$1,168,743 $1,202,919
FEDERAL EXPENDITURES FUND
$339,496 $341,668
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DEPARTMENT TOTAL - ALL FUNDS $1,508,239 $1,544,587

SECTION TOTALS 2007-08 2008-09
GENERAL FUND
$1,508,239 $1,544,587
FEDERAL EXPENDITURES FUND
$339,496 $341,668
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SECTION TOTAL - ALL FUNDS $1,847,735 $1,886,255

PART CC

Sec. CC-1. Calculation and transfer; General Fund savings for managed care; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 2 in the Department of Health and Human Services resulting from the implementation of a managed care effort for behavioral health services that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

Sec. CC-2. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Departmentwide 0019

Initiative: Reduces funding by implementing a managed care effort for behavioral health services. The corresponding federal match reductions are reflected in the Medical Care - Payments to Providers program.

GENERAL FUND 2007-08 2008-09
All Other
($5,000,000) ($6,500,000)
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GENERAL FUND TOTAL ($5,000,000) ($6,500,000)

Departmentwide 0019

Initiative: Adjusts estimates of savings attributable to implementing a managed care effort for behavioral health services.

GENERAL FUND 2007-08 2008-09
All Other
($1,000,000) ($2,000,000)
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GENERAL FUND TOTAL ($1,000,000) ($2,000,000)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
DEPARTMENT TOTALS 2007-08 2008-09
GENERAL FUND
($6,000,000) ($8,500,000)
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DEPARTMENT TOTAL - ALL FUNDS ($6,000,000) ($8,500,000)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding by implementing a managed care effort for behavioral health services. The corresponding state funding reductions are reflected in the Departmentwide program in the former Department of Behavioral and Developmental Services.

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
($8,623,978) ($11,215,999)
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FEDERAL EXPENDITURES FUND TOTAL ($8,623,978) ($11,215,999)

Medical Care - Payments to Providers 0147

Initiative: Adjusts estimates of savings attributable to implementing a managed care effort for behavioral health services. The corresponding state funding reductions are reflected in the Departmentwide program in the former Department of Behavioral and Developmental Services.

FEDERAL EXPENDITURES FUND 2007-08 2008-09
All Other
($1,724,796) ($3,516,480)
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FEDERAL EXPENDITURES FUND TOTAL ($1,724,796) ($3,516,480)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS 2007-08 2008-09
FEDERAL EXPENDITURES FUND
($10,348,774) ($14,732,479)
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DEPARTMENT TOTAL - ALL FUNDS ($10,348,774) ($14,732,479)

SECTION TOTALS 2007-08 2008-09
GENERAL FUND
($6,000,000) ($8,500,000)
FEDERAL EXPENDITURES FUND
($10,348,774) ($14,732,479)
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SECTION TOTAL - ALL FUNDS ($16,348,774) ($23,232,479)

PART DD

Sec. DD-1. Calculation and transfer; General Fund savings; position reductions; departmentwide reorganization; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings and the position eliminations in section 2 in the Department of Health and Human Services resulting from a departmentwide reorganization that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

Sec. DD-2. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Departmentwide 0640

Initiative: Eliminates 2 positions and reduces funding as part of a departmentwide reorganization. The department shall provide a report detailing the new organization structure, the specific positions eliminated and any necessary legislation to implement the reorganization to the Second Regular Session of the 123rd Legislature by December 14, 2007.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(2.000) (2.000)
Unallocated
($220,000) ($220,000)
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GENERAL FUND TOTAL ($220,000) ($220,000)

PART EE

Sec. EE-1. Calculation and transfer; General Fund savings; Health and Human Services Service Center. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 2 in the Department of Health and Human Services resulting from a reduction in payments to the Health and Human Services Service Center that applies to each applicable General Fund account in the department and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2007-08 and fiscal year 2008-09.

Sec. EE-2. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Departmentwide 0640

Initiative: Reduces funding as a result of reduced payments to the Health and Human Services Service Center.

GENERAL FUND 2007-08 2008-09
All Other
($71,805) ($71,805)
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GENERAL FUND TOTAL ($71,805) ($71,805)

PART FF

Sec. FF-1. Transfer from General Fund undedicated revenue for fiscal year 2006-07. Notwithstanding any other provision of law, the State Controller may transfer from excess General Fund revenue up to $2,000,000 of undedicated revenue above the budgeted state cost allocation program revenue estimate for fiscal year 2006-07 to the Office of Information Technology Internal Service Fund, on or before June 30, 2007, as partial funding toward the development and implementation of the state accounting system known as "AdvantageME."

Sec. FF-2. Transfer from General Fund undedicated revenue for fiscal years 2007-08 and 2008-09. Notwithstanding any other provision of law, the State Controller may transfer from excess General Fund revenue up to $750,000 each year of undedicated revenue above the budgeted state cost allocation program revenue estimate for fiscal year 2007-08 and fiscal year 2008-09 to the Office of Information Technology Internal Service Fund, on or before June 30th of each of those fiscal years, as partial funding toward the development and implementation of a payroll and position management system that is compliant with current federal Internal Revenue Service reporting requirements and accounting standards.

PART GG

Sec. GG-1. Review of transitioning to a fiscal agent model to improve efficiency and cost-effectiveness; Office of MaineCare Services. The Commissioner of Health and Human Services shall review the current organizational structure, systems and operations of the Office of MaineCare Services to transition Maine’s current management information system model to a model operated by a fiscal agent. To assist with this review, the commissioner shall use staff resources from the Office of MaineCare Services and the Department of Administrative and Financial Services, Office of Information Technology. The commissioner is authorized to identify position eliminations and identify Personal Services savings available for transfer to All Other from the improvements identified from the review. Notwithstanding any other provision of law, the State Budget Officer shall transfer position counts and available balances between line categories by financial order upon approval of the Governor in order to achieve the position eliminations identified in section 2. These transfers are considered adjustments to authorized position count, appropriations and allocations in fiscal years 2007-08 and 2008-09. The commissioner and the State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report outlining the progress towards the new organizational structure and any transferred amounts by December 15th and June 15th in each year of the 2008-2009 biennium.

Sec. GG-2. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Bureau of Medical Services 0129

Initiative: Eliminates 21 General Fund positions and 79 Federal Expenditures Fund positions from projected Office of MaineCare savings.

GENERAL FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
0.000 (21.000)

FEDERAL EXPENDITURES FUND 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
0.000 (79.000)

PART HH

Sec. HH-1. 2 MRSA §6, sub-§4,  as amended by PL 2005, c. 405, Pt. D, §3, is further amended to read:

4. Range 88.   The salaries of the following state officials and employees are within salary range 88:
Director, Bureau of Air Quality;
Director, Bureau of Land and Water Quality;
Director, Bureau of Remediation and Waste Management;
Deputy Commissioner, Environmental Protection;
Director, Office of Consumer Credit Regulation;
Director, Office of Licensing and Registration;
Administrator, Office of Securities; and
Deputy Chief of the State Police.

Sec. HH-2. 5 MRSA §947-B, sub-§1, ¶C,  as enacted by PL 1991, c. 780, Pt. Y, §37, is repealed.

Sec. HH-3. 5 MRSA §7031, 5th ¶,  as enacted by PL 1985, c. 785, Pt. B, §38, is amended to read:

It is the intent of the Legislature to establish the Bureau of Human Resources as the civil service administrative organization of agency responsible for the administration of the human resources activities of State Government which and that shall act as a service organization to respond quickly and effectively to the needs of state employees and state agencies. It is also the intent of the Legislature that the Bureau of Human Resources operate flexibly to expedite the duties and responsibilities of state employees and state agencies. The primary goal of the Bureau of Human Resources shall be service to state employees and state agencies.

Sec. HH-4. 5 MRSA §7033,  as enacted by PL 1985, c. 785, Pt. B, §38, is amended to read:

§ 7033. Bureau of Human Resources; established

1. Goals and objectives.   The Bureau of Human Resources is established within the Department of Administration Administrative and Financial Services as the administrative agency for state civil service matters and as a service agency to state agencies and departments. In addition to any other goals and objectives established in this chapter, the Bureau of Human Resources shall strive to:
A. Establish within State Government a high concern for state employees as people;
B. Provide managers with the skills and knowledge needed to manage people effectively with particular emphasis on "people soundness;"
C. Establish a civil service system that provides State Government with highly qualified and motivated employees;
D. Encourage state employees to realize their potential and thereby increase the quality of service;
E. Establish itself as a service agency to assist other agencies and departments of State Government to perform their duties in an efficient and quality manner;
F. Preserve the integrity of the civil service system; and
G. Establish a civil service system with sufficient flexibility to adopt new technologies, procedures and policies in order to respond quickly and effectively to the needs of state agencies and employees . ; and
H Promote effective labor relations.

Sec. HH-5. 5 MRSA §7034, sub-§12  is enacted to read:

12 Represent departments, agencies and commissions.   Represent all departments, agencies and commissions of the Executive Branch, as directed by the Governor, pursuant to Title 26, section 979-A, et seq.

Sec. HH-6. 5 MRSA §7035,  as amended by PL 1997, c. 632, §1 is further amended by inserting after the first paragraph a new paragraph to read:

The director may name a designee to conduct employee relations activities set forth in Title 26, chapter 9-B and other proceedings such as negotiations, mediation, fact-finding, arbitration, grievance proceedings, unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and other labor relations proceedings.

Sec. HH-7. 5 MRSA §7036, first ¶,  as enacted by PL 1985, c. 785, Pt. B, §38, is amended to read:

The Director of Human Resources shall be responsible for the administration of this chapter. In carrying out his these duties and responsibilities, the director shall:

Sec. HH-8. 5 MRSA §7036, sub-§1-A  is enacted to read:

1-A Conduct employee relations activities.   Act as directed by the Governor, through the Commissioner of Administrative and Financial Services, to carry out all employee relations functions as set forth in Title 26, section 979-A, subsection 5, paragraphs A to G.

Sec. HH-9. 5 MRSA §7036, sub-§3,  as amended by PL 1999, c. 668, §10, is repealed.

Sec. HH-10. 5 MRSA §7036, sub-§25,  as amended by PL 1991, c. 780, Pt. Y, §95, is further amended to read:

25. Administer proactive state employee health and safety program.   Work with the Office of Employee Relations, other bureaus and departments and state employees and their representatives to establish policies and programs that minimize the risk of injury to and incidence of illness among state employees, to include the administration of a first aid and health service in the State House complex for state employees and State House visitors;

Sec. HH-11. 5 MRSA §7037,  as enacted by PL 1985, c. 785, Pt. B, §38, is repealed.

Sec. HH-12. 5 MRSA §7070, sub-§4,  as enacted by PL 1987, c. 673, §1, is amended to read:

4. Disclosure of certain information for grievance and other proceedings.   The Director of Human Resources may release to the Director of Employee Relations specific information designated confidential by this section which has been requested by the Director of Employee Relations to be used in negotiations, mediation, fact-finding, arbitration, grievance proceedings and other proceedings in which the Director of Employee Relations represents the State as defined in this subsection is a party. For the purpose of this subsection, "other proceedings" means unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and labor relations proceedings.

Confidential information provided under this subsection to the Bureau of Employee Relations shall be governed by the following.

A. The information to be released shall be information only as necessary and directly related to the proceeding as determined by the Director of Human Resources.
B.  The Director of Employee Relations shall specify in writing the confidential information required in the proceedings and the reasons explaining the need for the information, and shall provide a copy of the written request to the employee or employees.
C. The proceeding for which the confidential information is provided shall be private and not open to the public; or, if the proceeding is open to the public, the confidential information shall not be disclosed except exclusively in the presence of the fact finder, the parties and counsel of record, and the employee who is the subject of the proceeding and provisions are made to ensure that there is no public access to the confidential information.

The Director of Employee Relations State may use this confidential information in grievance proceedings and provide copies to the employee organization that is a party to the proceedings, provided the information is directly related to those proceedings as defined by the applicable collective bargaining agreement. Confidential personnel records in the possession of the Bureau of Employee Relations shall Human Resources may not be open to public inspection and shall may not be "public records," as defined in Title 1, section 402, subsection 3.

Sec. HH-13. 22 MRSA §3293,  as enacted by PL 1987, c. 714, §2, is amended to read:

§ 3293. Confidential information provided to state employees and the Bureau of Human Resources

l. Disclosure to state employees.   Confidential information which that is relevant to a grievance or a disciplinary procedure within the department shall be provided to the affected employee and the employee's designated representative.
2. Disclosure to the Bureau of Human Resources.   Confidential information which that is relevant to a grievance or disciplinary procedure within the department shall must be provided to the Bureau of Employee Relations Human Resources in cases regarding state employment subject to the State Employee Labor Relations Act, Title 26, chapter 9-B, and to the Bureau of Human Resources for state employees not subject to Title 26, chapter 9-B, when the Bureau of Employee Relations or the Bureau of Human Resources become becomes involved in the grievance or disciplinary process, including appeals to an arbitrator or the Civil Service Appeals Board.
3. Procedures governed by contract.   If any other procedure relating to the use of confidential information in state employee personnel actions is governed by collective bargaining agreements, the collective bargaining agreements shall control, except as provided in section 3292.

Sec. HH-14. 26 MRSA §979-A, sub-§5,  as amended by PL 1997, c. 741, §3 and affected by §12, is further amended to read:

5. Public employer.   "Public employer" means, with respect to the executive branch, all the departments, agencies and commissions of the executive branch of the State of Maine, represented by the Governor or the Governor's designee. In the furtherance of this chapter, the State is considered a single employer and employment relations, policies and practices throughout the state service must be as consistent as practicable. With respect to state employees, it is the responsibility of the executive branch to negotiate collective bargaining agreements and to administer such agreements. To coordinate the employer position in the negotiation of agreements, the Legislative Council or its designee shall maintain close liaison with the Governor or the Governor's designee representing the executive branch relative to the negotiation of cost items in any proposed agreement. The Governor is responsible for the employer functions of the executive branch under this chapter, and shall coordinate its collective bargaining activities with operating agencies on matters of agency concern. It is the responsibility of the legislative branch to act upon those portions of tentative agreements negotiated by the executive branch that require legislative action.

"Public employer" means, with respect to the legislative branch, all offices or agencies of the Legislature represented by the Legislative Council or its designee. With respect to legislative employees, the Legislative Council shall negotiate and administer collective bargaining agreements. The Legislative Council or its designee is responsible for the employer functions of the legislative branch under this chapter.

With respect to the executive branch, the Bureau of Employee Relations Human Resources, through the Commissioner of Administrative and Financial Services, shall act as directed by the Governor to:

A. Develop and execute employee relations' policies, objectives and strategies consistent with the overall objectives of the Governor;
B. Conduct negotiations with certified and recognized bargaining agents under applicable statutes;
C. Administer and interpret collective bargaining agreements, and coordinate and direct agency activities as necessary to promote consistent policies and practices;
D. Represent the State in all bargaining unit determinations, elections, prohibited practice complaints and any other proceedings growing out of employee relations and collective bargaining activities;
E. Coordinate the compilation of all data and information needed for the development and evaluation of employee relations' programs and in the conduct of negotiations;
F. Coordinate the State's resources as needed to represent the State in negotiations, mediation, fact-finding, arbitration and other proceedings; and
G. Provide staff advice on employee relations to the various departments and agencies of State Government, including providing for necessary supervisory and managerial training.

All state departments and agencies shall provide such assistance, services and information as required by the Governor's office, or the Bureau of Employee Relations Human Resources, and shall take such administrative or other action as may be necessary to implement and administer the provisions of any binding agreement between the State and employee organizations entered into under law.

Sec. HH-15. 26 MRSA §979-Q,  as amended by PL 1987, c. 673, §2, is repealed.

Sec. HH-16. 37-B MRSA §394, sub-§5,  as enacted by PL 2003, c. 646, §9, is amended to read:

5. Employee administration.   Notwithstanding the provisions of Title 26, section 979-A, subsection 5, the Governor shall direct the authority to develop and execute employee relations policies, conduct negotiations with certified and recognized bargaining agents for its employees and administer and interpret the collective bargaining agreements applying to the employees of the authority consistent with the overall objectives of the Governor. The Department of Administrative and Financial Services, Bureau of Employee Relations Human Resources shall assist and advise the Governor and the authority, in order to ensure compliance with state and federal labor and employment laws consistent with the overall objectives of the Governor. Employees of the authority are essential employees for the purpose of shutdown or furlough days imposed on employees of the State.

Sec. HH-17. Bureau of Employee Relations incorporated into Bureau of Human Resources. The Department of Administrative and Financial Services, Bureau of Employee Relations, as created and established by law, is incorporated into the Department of Administrative and Financial Services, Bureau of Human Resources and the responsibility and authority conferred upon the Bureau of Employee Relations and its predecessors are conferred upon the Bureau of Human Resources. The Bureau of Human Resources is the successor in every way to the powers, duties and functions of the Bureau of Employee Relations.

Sec. HH-18. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Bureau of Employee Relations" or "Director of Employee Relations" appear or reference is made to that entity or position or those words, those words are amended to read or mean, as appropriate, "Bureau of Human Resources" or "Director of Human Resources," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

PART II

Sec. II-1. Tax expenditures. In accordance with the Maine Revised Statutes, Title 5, section 1666, funding is continued for each individual tax expenditure, as defined in the Maine Revised Statutes, Title 5, section 1664, reported in the budget document submitted by the Governor on January 5, 2007.

PART JJ

Sec. JJ-1. Interest earnings on bonds. Interest accruing to the proceeds of any bonds issued by the Maine Governmental Facilities Authority that are deposited to the construction fund held by the Maine Governmental Facilities Authority for the Bangor court facility must be used by the Judicial Department to offset the cost of any required payments made for interest or principal related to the issuance of these bonds. The interest earnings in the fund must be used for this purpose until exhausted.

Sec. JJ-2. Report on the status of the construction fund interest earnings and balance. Beginning in October 1, 2007, the Administrative Office of the Courts shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and to the Commissioner of Administrative and Financial Services at the end of each quarter on the status of the construction fund, held by the Maine Governmental Facilities Authority for the Bangor court facility, including draws made for paying invoices and progress payments and interest earned on the balance of the proceeds that are available to be used for interest or principal payments in fiscal years 2007-08 and 2008-09 and any year thereafter.

Sec. JJ-3. Calculation of savings and deallocation of budgeted funds. The Commissioner of Administrative and Financial Services shall reduce allotments by financial order an equivalent amount from the General Fund account of the Judicial Department that provides for the payment of interest and principal for the Bangor Court House construction to be lapsed to the General Fund unappropriated surplus by June 30th of each fiscal year.

PART KK

Sec. KK-1. Personal Services transfer. Notwithstanding any other provision of law, the State Controller shall transfer unexpended Personal Services balances in the General Fund lapsing accounts on June 30, 2007, June 30, 2008 and June 30, 2009 to the Compensation Salary Plan General Fund account in the Department of Administrative and Financial Services to be used for costs associated with collective bargaining agreements for state employees.

PART LL

Sec. LL-1. 39-A MRSA §154, sub-§6,  as amended by PL 2003, c. 425, §2, is repealed and the following enacted in its place:

6 Assessment.   Assessments levied under this section are subject to the following.
A The assessments levied under this section may not be designed to produce more than $6,000,000 in revenues annually beginning in the 1995-96 fiscal year, more than $6,600,000 annually beginning in the 1997-98 fiscal year, more than $6,735,000 beginning in the 1999-00 fiscal year, more than $7,035,000 in the 2001-02 fiscal year, more than $6,860,000 beginning in the 2002-03 fiscal year, more than $8,390,000 beginning in the 2003-04 fiscal year, more than $8,565,000 beginning in the 2004-05 fiscal year, more than $8,525,000 beginning in the 2005-06 fiscal year, more than $9,820,178 beginning in the 2007-08 fiscal year, more than $10,000,000 beginning in the 2008-09 fiscal year, more than $10,400,000 beginning in the 2009-10 fiscal year, more than $10,800,000 beginning in the 2010-11 fiscal year or more than $11,200,000 beginning in the 2011-12 fiscal year. Assessments collected that exceed $6,000,000 beginning in the 1995-96 fiscal year, $6,600,000 beginning in the 1997-98 fiscal year, $6,735,000 beginning in the 1999-00 fiscal year, $7,035,000 in fiscal year 2001-02, $6,860,000 beginning in the 2002-03 fiscal year, $8,390,000 beginning in the 2003-04 fiscal year, $8,565,000 beginning in the 2004-05 fiscal year, $8,525,000 beginning in the 2005-06 fiscal year, $9,820,178 beginning in the 2007-08 fiscal year, $10,000,000 beginning in the 2008-09 fiscal year, $10,400,000 beginning in the 2009-10 fiscal year, $10,800,000 beginning in the 2010-11 fiscal year or $11,200,000 beginning in the 2011-12 fiscal year by a margin of more than 10% must be refunded to those who paid the assessment. Any amount collected above the board's allocated budget and within the 10% margin must be used to create a reserve of up to 1/4 of the board's annual budget.
B The board, by a majority vote of its membership, may use its reserve to assist in funding its Personal Services account expenditures and All Other account expenditures and to help defray the costs incurred by the board pursuant to this Act including administrative expenses, consulting fees and all other reasonable costs incurred to administer this Act. The board shall notify the chairs and members of the joint standing committee of the Legislature having jurisdiction over labor matters whenever the board receives approval from the State Budget Officer and the Governor to use reserve funds to increase its allotment above the allocation authorized by the Legislature. Any collected amounts or savings above the allowed reserve must be used to reduce the assessment for the following fiscal year.
C The board shall determine the assessments prior to May 1st annually and shall assess each insurance company or association and self-insured employer its pro rata share for expenditures during the fiscal year beginning the immediately following July 1st. Each self-insured employer shall pay the assessment on or before the immediately following June 1st. Each insurance company or association shall pay the assessment in accordance with subsection 3.

Sec. LL-2. Request for proposals for audit services. The Workers' Compensation Board shall draft a request for proposal to be issued by the board to accomplish a comprehensive audit, shall select the auditor from among any qualified bidders and shall negotiate a contract with the successful bidder. Both the request for proposal and the contract must receive approval from the Department of Administrative and Financial Services before they become effective. In the event that the board does not receive approval of the draft request for proposal from the department by July 1, 2007, the department shall undertake the audit. In the event that the department does not approve the contract by September 1, 2007, the bid award must be canceled and the department shall undertake the audit. Approval from the department may not be unreasonably withheld.

The Workers' Compensation Board shall notify the Joint Standing Committee on Labor by letter of the name of the auditor chosen by the Workers' Compensation Board as soon as the auditor is chosen.

PART MM

Sec. MM-1. Transfer from unappropriated surplus at close of fiscal year 2007-08 to the Department of Health and Human Services, Medical Care - Payment to Providers account. Notwithstanding any other provision of law, at the close of fiscal year 2007-08 the State Controller shall transfer up to $107,500,000 from the unappropriated surplus of the General Fund to the Department of Health and Human Services, Medical Care - Payment to Providers account in the General Fund after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made and as the first priority after the transfers required pursuant to the Maine Revised Statutes, Title 5, sections 1507 and 1511 and before the transfer required pursuant to the Maine Revised Statutes, Title 5, section 1536.

Sec. MM-2. Priority of transfers. Transfers made in accordance with section 1 of this Part must be expended for the purposes listed in this section in the following amounts.

As the first priority, the Medical Care - Payments to Providers General Fund account must receive up to $82,000,000 less the transfer amount received from unappropriated surplus at the close of fiscal year 2006-07 for use in fiscal year 2007-08. These transfers made must be expended for prospective interim payments to hospitals.

As the second priority, the Medical Care - Payments to Providers General Fund account must receive $25,500,000 as the first of equal payments to be made until the sum of $102,000,000 is reached. Transfers made to the Medical Care - Payments to Providers program must be expended for hospital settlements.

Sec. MM-3. Transfer considered adjustments to appropriations. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, or any other provision of law, amounts transferred pursuant to this Part are considered adjustments to appropriations in fiscal years 2007-08 and 2008-09. These funds may be allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor.

PART NN

Sec. NN-1. 12 MRSA §1802, first ¶,  as enacted by PL 1997, c. 678, §13, is amended to read:

There is established within the Department of Conservation the Bureau of Parks and Lands, which shall carry out the responsibilities of State Government relating to parks, historic sites, submerged and intertidal lands, public reserved lands and nonreserved public lands. The bureau shall also carry out all the duties relating to recreation, the Allagash Wilderness Waterway, the Snowmobile Trail Fund, public facilities for boats, the ATV Recreational Management Fund, the Maine Trails System , the Maine Conservation Corps, the State Environmental Resource Volunteer Effort Program and any other responsibilities of the former Bureau of Parks and Recreation, Bureau of Public Lands and Maine State Park and Recreation Commission.

Sec. NN-2. 12 MRSA c. 220, sub-c. 6-A  is enacted to read:

SUBCHAPTER 6-A

Maine Conservation Corps

§ 1891 Maine Conservation Corps

There is established within the bureau the Maine Conservation Corps, referred to in this chapter as "the Corps," to provide job training, education and work opportunities for the economically disadvantaged, to improve public property for the increased use and enjoyment of the public, to provide conservation education, to promote and manage volunteer opportunities related to natural resources and to assist public and nonprofit organizations with projects that serve a valid public purpose and have purposes consistent with this subchapter.

§ 1891-A Participants

The Corps shall strive to include a diversity of participants. Priority must be given to those whose family income is 150% or less of the nonfarm income official poverty line as defined by the federal Office of Management and Budget and as revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2 and to those who are low-income individuals as defined by the federal Workforce Investment Act of 1998, 29 United States Code, Section 2801. A person is not eligible if that person has left a secondary school for the purpose of participating in the Corps. Corps members may be jointly enrolled in any state or local job training program or human resource development program.

§ 1891-B Projects

1 Types of projects.   Projects undertaken by the Corps include, but are not limited to, projects such as:
A Forestry, nursery and silvicultural operations;
B Wildlife habitat conservation, rehabilitation and improvement;
C Recreational area development, management and improvement;
D Energy conservation projects;
E Fish culture and habitat maintenance and improvement and other fisheries or marine resource assistance;
F Trail and campsite development and improvement;
G Insect, disease, rodents and fire prevention and control;
H Erosion, flood, drought and storm damage assistance and control;
I Reclamation and improvement of lands disturbed by erosion, mining or other adverse natural or human-made actions; and
J Environmental education programs.
2 Eligible sponsors.   All projects must be undertaken and operated under the sponsorship and cooperation of a public agency or a nonprofit organization. A sponsoring public agency or organization shall contribute to a project by, at a minimum, providing tools, supplies, equipment and technical supervision and plans necessary for project completion.
3 Additional criteria.   Projects must be of lasting and worthwhile significance to the people of the State or otherwise serve a valid public purpose and provide meaningful work or service experience to the enrollees.

§ 1891-C Limitations

Projects to be carried out by the Corps are limited to projects on publicly owned lands or, if not on public lands, under the sponsorship and supervision of a public agency or nonprofit organization.

§ 1891-D Administration

The director shall employ a director of the Corps and may employ other personnel as are required to accomplish the purposes of this subchapter.

The director of the Corps shall work with other agencies and organizations to design the Corps to provide maximum volunteer and work opportunities, job skills training, education, improvements to publicly owned property and assistance with projects conducted by public agencies and nonprofit organizations.

The director of the Corps shall work with state and local job training agencies, including other service delivery areas and the job service, which may conduct recruitment and referral of individuals interested in participating in the Corps. Agency collaboration with the Corps is on a voluntary basis.

There is established a dedicated account for the use of the Corps. This account must be used to receive funds contributed by private and public agencies, organizations or individuals and to expend those funds to promote the purposes of this subchapter. Notwithstanding any other provision of law, state agencies may transfer money appropriated from the General Fund into this account for purposes of contributing to projects, services or volunteer stipends that benefit the contributing agency. The Corps may enter into an agreement with a private nonprofit organization designated by the director for the purpose of assisting with the management and operation of the Corps. The designated organization may accept federal and state funds and private contributions, directly or through the Corps, for the purpose of developing and operating programs of the Corps.

§ 1891-E Corps members

Members of the Corps who are paid wages or a living allowance through the General Fund account of the Corps or through its dedicated account must receive personal liability insurance and workers' compensation insurance, and those who meet the income guidelines in section 1891-A must be compensated at least the minimum wage or an annualized living allowance of at least 75% of the minimum wage times 2,080. Notwithstanding other state laws, Corps members are not considered employees of the State for the purposes of Title 5, Part 20.

§ 1891-F Prohibition against displacement of other employees or involvement in labor disputes

The assignment of members of the Corps may not result in the displacement of existing employees of the sponsor, including any employees who have been temporarily laid off by the sponsor. For purposes of this section, "displacement" means both total and partial displacement, including a reduction in the number of hours, wages or other benefits of employment.

Sec. NN-3. 12 MRSA c. 220, sub-c. 6-B  is enacted to read:

SUBCHAPTER 6-B

STATE ENVIRONMENTAL RESOURCE VOLUNTEER EFFORT

§ 1891-K State Environmental Resource Volunteer Effort Program created

There is established within the Corps the State Environmental Resource Volunteer Effort Program, referred to in this subchapter as "SERVE/Maine," to create, promote and manage volunteer and intern opportunities with public agencies that are responsible for protecting, developing, managing or preserving the State's natural resources.

§ 1891-L Volunteer insurance

SERVE/Maine shall ensure that volunteers are covered by workplace injury and liability insurance.

§ 1891-M Types of volunteer or intern services

Volunteers and interns may perform work and services that are described in section 1891-B. Volunteers and interns must be placed in federal, state or local public agencies or in nonprofit organizations and perform work or services that benefit the public. The volunteer and intern positions must be sponsored by natural resource-related agencies or organizations. Volunteers or interns may not attempt to influence legislation, engage in protests, petitions, boycotts, strikes, union organizing or political campaigning or support religious activities or engage in religious proselytizing or fund-raising for private nonprofit organizations as SERVE/Maine volunteers or interns. A sponsoring agency must contribute to a volunteer or intern position by providing all necessary supervision, supplies, equipment and plans required for the position.

§ 1891-N Stipends

Sponsoring natural resource agencies may provide stipends to volunteers and interns not to exceed the minimum wage and may reimburse volunteers or interns for work-related expenses.

Funds for stipends must be deposited by sponsoring agencies in an account established for the Corps, as authorized by section 1891-D. The Corps will disperse stipends to volunteers and interns eligible for those payments.

§ 1891-O Monetary contributions to the volunteer and intern program

Private organizations and individuals may donate money to SERVE/Maine for general or specific purposes. The funds must be expended to further the purposes of the program.

Sec. NN-4. 26 MRSA c. 34,  as amended, is repealed.

PART OO

Sec. OO-1. 26 MRSA §1412-H,  as enacted by PL 2003, c. 673, Pt. WW, §2 and amended by c. 689, Pt. B, §6, is repealed.

Sec. OO-2. 34-B MRSA §5438  is enacted to read:

§ 5438 Program of state-funded consumer-directed personal care assistance services

1 Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A "Applicant" means a person who has applied or is applying for services through the program.
B "Consumer" means a person who has been determined to be eligible under subsection 3.
C "Office" means the Office of Adults with Cognitive and Physical Disability Services within the department, which is the lead agency for administering the program.
D "Program" means the program of state-funded consumer-directed personal care assistance services.
2 Program administration.   The office shall administer the program under this section. Within available funds, the office shall ensure that services are delivered in the most comprehensive manner possible and shall strive to maximize the participation of adults with disabilities.
3 Eligibility.   An applicant is eligible for personal care assistance services under the program if the office or its designee determines that the person is an adult who:
A Has a severe disability;
B Needs personal care assistance services or an attendant at night or both to prevent or remove the adult from inappropriate placement in an institutional setting; and
C Has no or insufficient personal income or other support from public services, family members or neighbors.
4 Consumer cost sharing.   The office shall establish a sliding scale for consumer cost sharing for services provided under the program. The sliding scale must be based on the net income of the consumer, factoring in the expenses associated with the consumer's disability, and may take assets into consideration.
5 Evaluation teams.   The commissioner shall designate evaluation teams to assist the department with evaluations of applicants and consumers.
A Each evaluation team must include the applicant or consumer and at least one registered nurse or registered occupational therapist.
B For each applicant or consumer evaluated by an evaluation team, the team shall assist the office to:

(1) Determine the eligibility of the applicant or consumer for services under the program;

(2) Determine the capability of the applicant or consumer, at the time of evaluation or after skills training provided pursuant to subsection 6, to hire and direct a personal care assistant; and

(3) Reevaluate the applicant or consumer periodically to determine continuing need for the services.

6 Skills training.   When sufficient funds are available, the commissioner shall arrange for skills training for consumers in the following areas by the following individuals:
A Personal health management skills to maximize personal well-being in relation to the consumer's disability, including all aspects of prevention, maintenance and treatment techniques, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled;
B Personal care assistant management skills, including training in recruiting, hiring and managing a personal care assistant, scheduling and potential problems, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled; and
C Functional skills required to maximize the consumer's abilities in activities of daily living, provided by a registered occupational therapist or other qualified person experienced in the rehabilitation of the severely disabled.
7 Relatives as providers.   The department may not refuse to pay a relative of a consumer for the provision of services under the program if the relative is qualified to provide the services and payment is not prohibited by law or rule or federal regulation.
8 Review of reimbursement rates.   By January 1, 2008 and every 2 years thereafter, the commissioner shall review the rates of reimbursement under the program. As part of the review, the following provisions apply.
A The commissioner shall:

(1) Ensure the input of consumers, personal assistants and any organization that represents personal assistants regarding providing a livable wage for personal care assistance services. The commissioner may seek input through one or more public hearings or by other means determined reasonable by the commissioner; and

(2) Seek advice and input from the Long-term Care Oversight Committee established in Title 22, section 5107-J to determine whether the rates of reimbursement are sufficient for consumers to recruit, hire and retain personal care assistants.

B If the commissioner determines that an increase in one or more of the reimbursement rates is necessary after the review required in this subsection, the commissioner shall adopt rules to accomplish the required rate increase. In making a determination under this subsection, the commissioner shall consider using any savings realized from an expansion of consumer-directed services to increase wages and benefits for personal care assistants.
C The commissioner shall determine rates of reimbursement that include allowable administrative costs and that use available resources to maximize wages and benefits for personal care assistants and hours of services for consumers.
9 Rulemaking.   The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A, except that rules regarding consumer cost sharing under subsection 4 are major substantive rules as defined by that subchapter.

PART PP

Sec. PP-1. 5 MRSA §1520, sub-§1,  as amended by PL 2005, c. 634, §3, is further amended to read:

1. Fund established.   The Statewide Radio and Network System Reserve Fund, referred to in this section as the "fund," is established as an internal service fund in the Department of Administrative and Financial Services, Office of Information Technology, referred to in this section as the "office," for the purposes of managing the fund and acquiring, expanding, upgrading and replacing a statewide radio and network system for use by state agencies. The office shall may charge a fee to agencies using the statewide radio and network system in accordance with an established rate structure. Revenues derived from operations must be used to pay the costs of the lease-purchase to acquire a system, expand, upgrade and replace the system, and to manage the fund.
A. The office shall work closely with all departments and agencies to identify radio and network requirements for the statewide system to ensure that agency program requirements are met to the maximum extent possible. The office shall:

(1) Ensure that the annual costs of the lease or lease-purchase are paid in a timely manner and that the financial affairs of the fund are properly managed;

(2) Maintain records of radio and network system requirements for all agencies using the system and make this information available to state agencies;

(3) Require state agencies to become part of the statewide radio and network system when replacing their current systems or purchasing new systems;

(4) Acquire, expand, upgrade or replace the statewide radio and network system in accordance with an established replacement plan; and

(5) Transfer radio equipment and network infrastructure into the fund from agencies using the system, purchase, lease, lease-purchase or enter into other financing agreements, in accordance with section 1587, for the acquisition, expansion, upgrade or replacement of the system or any of its components in accordance with paragraph B when it can be demonstrated that any such action or agreement provides a clear cost or program advantage to the State.

B. The Chief Information Officer, in conjunction with the agencies using the statewide radio and network system, operating as a board that may be referred to as "the Statewide Radio Network Board," shall establish the following:

(1) Standards for statewide radio and network system operations;

(2) Specifications for systems and components to be acquired by the State; and

(3) Standards for the exemption or waiver of state agencies from the requirements of this section.

By January 15, 2002, standards must be developed for statewide radio and network system usage by all state agencies not exempted under subparagraph (3).

C. The office shall establish, through the Department of Administrative and Financial Services, Office of the State Controller, the Statewide Radio and Network System Reserve Fund account. The funds deposited in the account may include, but are not limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services, funds received from state departments and agencies using the services provided by the office, earnings by the fund from the Treasurer of State's pool and proceeds from the sale of system assets under the administrative control of the fund by the state surplus property program in the Department of Administrative and Financial Services, Bureau of General Services in accordance with paragraph B and other provisions of law.
D. The fund may levy charges according to a rate schedule recommended by the Chief Information Officer and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using the services of the statewide radio and network system.
E. Service charges for the statewide radio and network system must be calculated to provide for system acquisition costs, expansion costs, upgrade costs, necessary capital investment and fund management costs, replacement costs and sufficient working capital for the fund.
F. Each department or agency using the services of the statewide radio and network system must budget adequate funds to pay for costs described in paragraph E.

PART QQ

Sec. QQ-1. 5 MRSA §12004-G, sub-§20-A,  as amended by PL 1999, c. 401, Pt. BB, §1, is further amended to read:

20-A.   
Inland Fisheries and Wildlife Department of Marine Resources Atlantic Salmon Board Commission $25/Day Plus Expenses 12 MRSA §9902-A §6138

Sec. QQ-2. 12 MRSA §6024, sub-§1-A,  as amended by PL 1999, c. 85, §2, is further amended to read:

1-A. Appointment; composition; term; compensation.   The Marine Resources Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of 15 16 members. The Chair chair of the Lobster Advisory Council and the chair of the Marine Recreational Fishing Advisory Council and the chair of the Sea Run Fisheries and Habitat Advisory Council are ex officio members of the council. Each other member is appointed by the Governor and is subject to review by the joint standing committee of the Legislature having jurisdiction over marine resources and to confirmation by the Legislature. Seven members must be persons who are licensed under this Part to engage in commercial harvesting activities. Those 7 members are selected by the Governor from names recommended to the Governor by groups representing commercial harvesting interests. Each member must represent a different commercial harvesting activity, except that none of those 7 members may represent lobster harvesters. The remaining 6 members must include one public member, 4 persons who hold a nonharvesting-related license under this Part and one person representing the aquaculture industry. The Governor shall select the person to represent the aquaculture industry from among the names recommended by the aquaculture industry. The composition of the council must reflect a geographical distribution along the coast. All appointed members are appointed for a term of 3 years, except a vacancy must be filled in the same manner as an original member for the unexpired portion of the term. An appointed member may not serve for more than 2 consecutive terms. Appointed members serve until their successors are appointed. The Chair chair of the Lobster Advisory Council and , the chair of the Marine Recreational Fishing Advisory Council and the chair of the Sea Run Fisheries and Habitat Advisory Council shall serve until a new Chair chair of the Lobster Advisory Council or , a new chair of the Marine Recreational Fishing Advisory Council or a new chair of the Sea Run Fisheries and Habitat Advisory Council, respectively, is chosen. Members are compensated as provided in Title 5, chapter 379.

Sec. QQ-3. 12 MRSA §6071, sub-§4,  as amended by PL 1995, c. 406, §5, is further amended to read:

4. Salmon imports prohibited.   Except as provided in this subsection and section 9906, it is unlawful to import for introduction into any waters of the State any Atlantic salmon, live or as eggs, that originate in any Icelandic or European territorial waters or any other species of salmon, exclusive of rainbow trout, originating west of the North America continental divide. The commissioner may grant an exemption from the provisions of this subsection for a term not to exceed 2 years, renewable upon application, for legitimate aquacultural projects.

Sec. QQ-4. 12 MRSA §6137  is enacted to read:

§ 6137 Atlantic Salmon Commission

1 Commission established; purposes.   The Atlantic Salmon Commission, referred to in this subchapter as "the commission," is established to provide policy direction for Atlantic salmon programs within the department. The purposes of the commission are to protect, preserve, enhance, restore and manage the Atlantic salmon and its habitat; to secure a sustainable recreational fishery in the State; and to conduct and coordinate all projects involving research, planning, management, restoration or propagation of the Atlantic salmon. In fulfillment of its purposes, the commission may conduct research, publish and disseminate information and plan, report and implement programs necessary for the purposes of managing Atlantic salmon and its habitat.
2 Commission powers and responsibilities.   The commission has the responsibility of working with other agencies in the executive branch of State Government and with the Legislature, federal and international agencies and the private sector in carrying out the purposes under subsection 1. The commission has the sole authority to introduce Atlantic salmon into the inland waters, other than in commercial aquaculture facilities. The commission has the sole authority to limit or prohibit the taking of Atlantic salmon, and may adopt rules establishing the time, place and manner of Atlantic salmon fishing in all waters of the State.
3 Rules.   The commission may adopt rules necessary to manage the Atlantic salmon fishery and to promote the conservation and propagation of the Atlantic salmon. Rules adopted by the commission must be enforced by the department, the Department of Inland Fisheries and Wildlife and other public officials authorized by law to enforce marine resource laws or inland fisheries and wildlife laws. The department and the Department of Inland Fisheries and Wildlife retain exclusive jurisdiction over rules pertaining to species other than Atlantic salmon that are designed to promote the conservation and propagation of Atlantic salmon. The departments shall consult with the commission and the Sea Run Fisheries and Habitat Advisory Council, established in section 6139, in adopting such rules.
4 Staff.   The department shall provide staff to carry out the purposes of the commission.

Notwithstanding this section, the department has the sole responsibility to regulate Atlantic salmon that are raised by means of aquaculture.

Sec. QQ-5. 12 MRSA §6138  is enacted to read:

§ 6138 Members; appointment; composition; term; compensation; meetings

The commission consists of 3 members: the commissioner, the Commissioner of Inland Fisheries and Wildlife and an at-large public member who must be well informed on the subject of Atlantic salmon and its conservation. The Governor shall appoint the at-large public member, subject to review by the joint standing committee of the Legislature having jurisdiction over marine resources matters and to confirmation by the Senate. The public member is appointed for a 3-year term and is entitled to compensation as provided in Title 5, chapter 379. An appointed member may not serve for more than 2 consecutive 3-year terms. The appointed member serves until a successor is appointed. A vacancy must be filled in the same manner as for an original member for the unexpired portion of the term. The commission shall select one member as chair. The chair or a majority of the commission may call meetings. A majority of the commission constitutes a quorum to transact business. The commission shall meet at least quarterly to receive reports from staff, to consider and act upon recommendations from the staff and to conduct other business.

Sec. QQ-6. 12 MRSA §6139  is enacted to read:

§ 6139 Sea Run Fisheries and Habitat Advisory Council

1 Appointment; composition; term; compensation.   The Sea Run Fisheries and Habitat Advisory Council, referred to in this section as "the council," is established and consists of 7 members appointed by the commissioner. All council members must have a demonstrated interest in the restoration and recovery of diadromous species. A majority of the council members must have interest and experience in the management of Atlantic salmon. One member of the council must represent interests in the southern coastal area, one member must represent interests in the midcoast area, one member must represent interests in the Downeast area, one member must represent interests in the northern part of the State, one member must represent interests from the Penobscot watershed and one member must represent interests in the Kennebec watershed. In addition the council must have one member who represents tribal interests. Members must be appointed to 3-year terms and may serve 2 consecutive terms. Members are compensated as provided in Title 5, chapter 379.
2 Powers and duties; meetings; officers.   The council shall give the commissioner information and advice concerning the development of plans and programs for the protection, preservation, enhancement, restoration and management of all diadromous species in each of the river basin complexes that represent the historic range of diadromous fish in the State. The council shall give the commission information and advice concerning the development of plans and programs for the protection, preservation, enhancement, restoration and management of Atlantic salmon. The council shall hold meetings with the commissioner, or the commissioner's designee. The council shall elect one of its members as chair, one as vice-chair and one as secretary, all for a term of one year, at the first regular meeting in each year. The officers have the following duties.
A The chair shall call and preside at all meetings of the council.
B The vice-chair shall call and preside at all meetings of the council in the chair's absence.
C The secretary shall cause records to be taken and preserved of all meetings of the council.
3 Quorum.   A quorum is a majority of the current members of the council.
4 Council actions.   An affirmative vote of a majority of the members present at a meeting or polled is required for any action. An action may not be considered unless a quorum is present or, if there is no meeting, a quorum responds to a written poll.

Sec. QQ-7. 12 MRSA §6140  is enacted to read:

§ 6140 Atlantic salmon license

1 License required.   Except as otherwise provided in this section, a person may not fish for Atlantic salmon from any state waters without a current Atlantic salmon license.
2 Licensed activity.   The holder of an Atlantic salmon license may fish for Atlantic salmon in inland and coastal waters of the State.
3 License fees.   The following provisions govern license fees.
A The fee for an Atlantic salmon license is $15 for a resident.
B The fee for an Atlantic salmon license for any nonresident is as follows:

(1) For a season license for a nonresident 16 years of age or older, $30;

(2) For a 3-day license for a nonresident 16 years of age or older, $15. This license may not be exchanged for a season license; and

(3) For a license for a nonresident under 16 years of age, $5.

C Members of Indian tribes in this State and residents of this State under 16 years of age are exempt from any fee.
4 Atlantic salmon; possession, buying or selling.   A person may not possess, buy or sell Atlantic salmon unless each fish is clearly identified by one of the following methods:
A Tagged with a New Brunswick, Quebec, Nova Scotia, Prince Edward Island or Newfoundland-Labrador Atlantic salmon tag if imported from those Canadian provinces;
B Identified by a sales receipt less than 24 hours old; or
C For wholesale and retail seafood dealers, identified by a bill of sale indicating numbers of fish purchased, dates of purchase and point of origin of all fish purchased.
5 Exceptions.   This section does not apply to a person holding a lease that allows that person to engage in the aquaculture of Atlantic salmon in this State while conducting authorized activities on that person's lease site.
6 Agent's fee.   Any clerk or agent appointed by the department to issue an Atlantic salmon license shall retain $2 for each license issued.
7 Use of license fees.   All license fees must be used by the commissioner for purposes of conservation and management of the Atlantic salmon in this State.
8 Duplicates.   The department or its agents shall issue a duplicate license to any person whose license was accidentally lost or destroyed. The fee for a replacement license is $1.
9 Fishing in inland waters.   When fishing in inland waters, the holder of a license authorized under this section is subject to all the provisions of Part 13.

Sec. QQ-8. 12 MRSA §6140-A  is enacted to read:

§ 6140-A Atlantic salmon; method of fishing; season

Unless more restrictive rules are adopted by the commission, the following restrictions apply to methods of fishing and the season for Atlantic salmon.

1 Catch and release only.   All fishing for Atlantic salmon is catch and release, except for Atlantic salmon lawfully raised by means of aquaculture.
2 Method of fishing.   A person may not fish for Atlantic salmon in waters of the State by any means other than hook and line with an unweighted artificial fly.
3 Closed season.   A person may not fish for Atlantic salmon from waters of the State by any means from October 16th to April 30th.
4 Open season.   The commission, after consultation with and advice from the Sea Run Fisheries and Habitat Advisory Council, may establish by rule an open season during which a person may fish for Atlantic salmon. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. QQ-9. 12 MRSA §6140-B  is enacted to read:

§ 6140-B Unlawful fishing, possession or sale of Atlantic salmon

1 Prohibition.   A person may not fish for Atlantic salmon in violation of the provisions of this Part.
2 Possession of parts prohibited.   A person may not possess any part of an Atlantic salmon taken from the inland or coastal waters of this State.
3 Sale of Atlantic salmon prohibited.   A person may not sell or offer for sale any Atlantic salmon taken from waters of the State, except Atlantic salmon lawfully raised by means of aquaculture.
4 Exemptions.   The following are exempt from the possession prohibitions of this section:
A Atlantic salmon imported from outside the State;
B Atlantic salmon imported by taxidermists solely for taxidermy purposes; and
C Atlantic salmon raised by means of aquaculture.
5 Incidental catch.   An individual engaged in recreational or commercial fishing for species other than Atlantic salmon does not commit a violation of this section as long as any incidental catch of an Atlantic salmon results in an immediate liberation alive into the adjacent waters of the State.
6 Penalty.   A person who violates this section commits a Class E crime, and the court shall impose an additional fine of $500, none of which may be suspended, for each Atlantic salmon unlawfully possessed.

Sec. QQ-10. 12 MRSA Pt. 12,  as amended, is repealed.

Sec. QQ-11. 12 MRSA §10001, sub-§5,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by PL 2003, c. 614, §9, is amended to read:

5. Atlantic salmon.   "Atlantic salmon" means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. This definition also applies to chapter 811.

PART RR

Sec. RR-1. 22 MRSA §254-D, sub-§4, ¶H,  as enacted by PL 2005, c. 401, Pt. A, §2, is amended to read:

H.  Payment must be denied for drugs from manufacturers that do not enter into a rebate agreement with the department.

(1) Each agreement must provide that the manufacturer make rebate payments for both the basic and supplemental components of the program to the department according to the following schedule.

(a) From October 1, 1992 to October 1, 1998, the rebate percentage is equal to the percentage recommended by the federal Center for Medicare and Medicaid Services of the manufacturer's wholesale price for the total number of dosage units of each form and strength of a prescription drug that the department reports as reimbursed to providers of prescription drugs, provided payments are not due until 30 days following the manufacturer's receipt of utilization data supplied by the department, including the number of dosage units reimbursed to providers of prescription drugs during the period for which payments are due.

(b) Beginning October 1, 1998, the department shall seek to achieve an aggregate rebate amount from all rebate agreements that is 6 percentage points higher than that required by subdivision (a), provided such rebates result in a net increase in the rebate revenue available to the elderly low-cost drug program.

(2) Upon receipt of data from the department, the manufacturer shall calculate the quarterly payment.

(a) If a discrepancy is discovered, the department may, at its expense, hire a mutually agreed-upon independent auditor to verify the manufacturer's calculation.

(b) If a discrepancy is still found, the manufacturer shall justify its calculation or make payment to the department for any additional amount due.

(c) The manufacturer may, at its expense, hire a mutually agreed-upon independent auditor to verify the accuracy of the utilization data provided by the department. If a discrepancy is discovered, the department shall justify its data or refund any excess payment to the manufacturer.

(d) If the dispute over the rebate amount is not resolved, a request for a hearing with supporting documentation must be submitted to the department's office division of administrative hearings. Failure to resolve the dispute may be cause for terminating the drug rebate agreement and denying payment to the manufacturer for any drugs.

(3) A prescription drug of a manufacturer that does not enter into an agreement pursuant to this paragraph is reimbursable only if the department determines the prescription drug is essential.

(4) All prescription drugs of a manufacturer that enters into an agreement pursuant to this paragraph that appear on the list of approved drugs under the program must be immediately available and the cost of the drugs must be reimbursed except as provided in this paragraph. The commissioner may impose prior authorization requirements on drugs under the program. If the commissioner establishes maximum retail prices for prescription drugs pursuant to section 2693, the department shall adopt rules for the program requiring the use of a drug formulary and prior authorization for the dispensing of certain drugs to be listed on a formulary.

(5) The names of manufacturers who do and do not enter into rebate agreements pursuant to this paragraph are public information. The department shall release this information to health care providers and the public on a regular basis and shall publicize participation by manufacturers that is of particular benefit to the public.

Sec. RR-2. 22 MRSA §256-A, first ¶,  as enacted by PL 2005, c. 327, §2, is amended to read:

Beginning in 2006, the Department of Labor, in conjunction with the Office of Health Data and Program Management's Office Division of Data, Research and Vital Statistics, shall compile and annually update a health care occupations report to be completed and presented to the health workforce forum established in section 257 by September 15th. The report must be posted on a publicly accessible site on the Internet maintained by the Department of Labor and provide the following information:

Sec. RR-3. 22 MRSA §256-B, sub-§3,  as enacted by PL 2005, c. 327, §2, is amended to read:

3. Submission of surveys.   All surveys conducted pursuant to subsection 1 must be submitted to the Office of Health Data and Program Management's Office Division of Data, Research and Vital Statistics for analysis, and survey data from which personally identifiable information has been eliminated must be publicly available.

Sec. RR-4. 25 MRSA §2154-A, sub-§1, ¶C,  as enacted by PL 1997, c. 468, §1 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

C.  The Vital Records Unit of the Office of Data Research Division of Data, Research and Vital Statistics in the Department of Health and Human Services.

Sec. RR-5. Rename Office of Data, Research and Vital Statistics program. Notwithstanding any other provision of law, the Office of Data, Research and Vital Statistics program is renamed the Division of Data, Research and Vital Statistics program.

Sec. RR-6. Rename Office of Administrative Hearings program. Notwithstanding any other provision of law, the Office of Administrative Hearings program is renamed the Division of Administrative Hearings program.

Sec. RR-7. Rename Traumatic Brain Injury program. Notwithstanding any other provision of law, the Traumatic Brain Injury program is renamed the Brain Injury program.

PART SS

Sec. SS-1. 22 MRSA §4099-A, sub-§4,  as amended by PL 2003, c. 561, §§1 and 2, is further amended to read:

4. Homeless youth.   "Youth in need of services" "Homeless youth" means a child under 15 years of age who:
A.  Is without proper care or subsistence, education, a home or medical or other care necessary for the child's well-being;
B.  Is without or beyond the control of the child's parent or legal guardian;
C.  Is in imminent danger of serious physical, mental or emotional injury or at risk of prosecution for a juvenile offense; or
D.  Is abusing alcohol or drugs and is at risk of serious harm as a result.

Sec. SS-2. 22 MRSA §4099-B,  as enacted by PL 2003, c. 451, Pt. P, §3, is amended to read:

§ 4099-B. Homeless Youth Program

1. Homeless Youth Program established.   The Homeless Youth in Need of Services Program, referred to in this subchapter as "the program," is established within the department to provide preliminary assessments, safety plans and other services as specified in this subchapter to youth and their families and legal guardians.

Sec. SS-3. Rename Youth in Need of Services program. Notwithstanding any other provision of law, the "Youth in Need of Services Program" is renamed the "Homeless Youth Program."

Sec. SS-4. Request for proposal. Consistent with rules adopted pursuant to the Maine Revised Statutes, Title 5, section 1825-C, the Department of Health and Human Services shall issue a request for proposal for all services provided under the Homeless Youth Program and shall distribute all funds appropriated under Part A for fiscal year 2008-09 for the Homeless Youth Program based on contracts awarded as a result of this request for proposal.

Sec. SS-5. Provision of draft request for proposal. The Commissioner of Health and Human Services shall provide a draft of the request for proposal issued as required in this Part to the Joint Standing Committee on Health and Human Services and to the Joint Standing Committee on Appropriations and Financial Affairs for their review prior to releasing a final request for proposal. This draft must include standards and performance expectations of the successful recipient of the contract.

PART TT

Sec. TT-1. 22 MRSA §851,  as enacted by PL 1999, c. 731, Pt. SS, §1, is amended to read:

§ 851. Bone Marrow Screening Fund

1. Creation of fund.   The Human Leukocyte Antigen Bone Marrow Screening Fund, referred to in this section as the "fund," is established as a nonlapsing fund to support bone marrow screening by individuals and organizations determined to be eligible according to rules adopted by the department under subsection 2. Money in the fund must be expended as allocated by the Legislature for the purposes of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund.
2. Administration.   The department shall administer the fund and shall adopt rules as necessary to administer the fund and to determine the criteria for eligible recipients. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.
3. Income tax checkoff funding.   Revenue collected from the income tax checkoff pursuant to Title 36, section 5285-A must be credited to the fund.
4. Other funds.   The fund may receive money from any source, including grants, gifts, bequests and donations.

Sec. TT-2. 36 MRSA §5285-A,  as enacted by PL 1999, c. 731, Pt. SS, §2, is amended to read:

§ 5285-A. Bone Marrow Screening Fund checkoff

1. Bone Marrow Screening Fund.   When filing a return, a taxpayer entitled to a refund under this Part may designate that a portion of that refund be paid into the Human Leukocyte Antigen Bone Marrow Screening Fund established in Title 22, chapter 250-A. A taxpayer who is not entitled to a refund under this Part may contribute to the Human Leukocyte Antigen Bone Marrow Screening Fund by including with that taxpayer's return sufficient funds to make the contribution. Each individual income tax return form must contain a designation in substantially the following form: " Human Leukocyte Antigen Bone Marrow Screening Fund: ( ) $5, ( ) $10, ( ) $25 or ( ) Other $ ."
2. Contributions credited to the Bone Marrow Screening Fund.   The State Tax Assessor shall determine annually the total amount contributed pursuant to subsection 1. Prior to the beginning of the next year, the State Tax Assessor shall deduct the cost of administering the Human Leukocyte Antigen Bone Marrow Screening Fund checkoff, but not exceeding $2,000 annually, and report the remainder to the Treasurer of State, who shall forward that amount to the Human Leukocyte Antigen Bone Marrow Screening Fund.
3. Effective date.   This section applies to tax years beginning on and after January 1, 2000.

Sec. TT-3. Application date. That section of this Part that amends the Maine Revised Statutes, Title 36, section 5285-A applies to tax years beginning on or after January 1, 2007.

Sec. TT-4. Rename the Human Leukocyte Antigen Screening Fund and Fund for a Healthy Maine - Human Leukocyte program. The "Human Leukocyte Antigen Screening Fund" is renamed the "Bone Marrow Screening Fund" and the "Fund for a Healthy Maine - Human Leukocyte" program is renamed the "Fund for a Healthy Maine - Bone Marrow Screening" program.

PART UU

Sec. UU-1. 22 MRSA §802, sub-§6  is enacted to read:

6 Acceptance of funds.   The department is authorized to accept any public or private funds that may be available to create a supply or stockpile of antiviral medications, influenza vaccines or other items necessary in the event of a severe outbreak of influenza or an outbreak of another infectious disease.

PART VV

Sec. VV-1. 22 MRSA c. 854,  as amended, is repealed.

Sec. VV-2. 22 MRSA §8702, sub-§11,  as amended by PL 2003, c. 469, Pt. C, §21, is further amended to read:

11. Third-party payor.   "Third-party payor" means a health insurer, nonprofit hospital, medical services organization or managed care organization licensed in the State or the plan established in chapter 854. "Third-party payor" does not include carriers licensed to issue limited benefit health policies or accident, specified disease, vision, disability, long-term care or nursing home care policies.

PART WW

Sec. WW-1. 5 MRSA §3360-M, sub-§1,  as enacted by PL 1999, c. 719, §1 and as affected by §11, is amended to read:

1. Payment.   The board shall pay the costs of forensic examiner training as well as the costs of forensic examinations for alleged victims of gross sexual assault from the Victims' Compensation Fund. The board shall track expenditures for forensic examinations separately from all other expenditures. Forensic examination payments are not subject to any other provision of this chapter.

Sec. WW-2. 5 MRSA §3360-M, sub-§2,  as enacted by PL 1999, c. 719, §1 and as affected by §11, is amended to read:

2. Forensic examination; forensic examiner training and education.   The board shall determine by rule what a forensic examination may include for purposes of payment. An examination must include at least all services directly related to the gathering of forensic evidence and related testing and treatment for pregnancy and sexually transmitted diseases. The board shall pay a licensed hospital or licensed health care practitioner the actual cost of the forensic examination up to a maximum of $500.

The cost of sexual assault forensic examiner training and education provided by the sexual assault forensic examiner program must be paid from the Victims' Compensation Fund in an amount that may not exceed $50,000 per year.

Sec. WW-3. Fair Drug Pricing Contingent Account; lapsed balances. Notwithstanding any other provision of law, $104,317 of the unencumbered balance in fiscal year 2007-08 in the Fair Drug Pricing Contingent Account in the Department of the Attorney General lapses to the General Fund in fiscal year 2007-08.

PART XX

Sec. XX-1. Issuance of securities; Maine Governmental Facilities Authority. Pursuant to the Maine Revised Statutes, Title 4, section 1606, subsections 1 and 2, the Maine Governmental Facilities Authority is authorized to issue securities in its own name in an amount up to $12,000,000 for the purpose of paying the cost of courthouse projects or parts of projects in Dover-Foxcroft, Houlton and other locations designated by the Maine Governmental Facilities Authority.

PART YY

Sec. YY-1. Information technology position transfers. Notwithstanding any other provision of law, the State Budget Officer, based on information provided by the Chief Information Officer, shall transfer position counts and adjust the Personal Services and All Other funds for those affected departments and agencies by financial order upon approval of the Governor in order to complete the consolidation of information technology positions within the Department of Administrative and Financial Services, Office of Information Technology. These transfers are deemed adjustments to authorized position counts, appropriations and allocations in fiscal year 2007-08.

PART ZZ

Sec. ZZ-1. 7 MRSA §4204, sub-§2, ¶B,  as enacted by PL 1997, c. 642, §2, is amended to read:

B. A farm that stores or utilizes more than 100 tons of manure per year not generated on that farm;

PART AAA

Sec. AAA-1. Supplemental payments for Supplemental Security Income; lapsed balances. Notwithstanding any other provision of law, $999,166 of the unencumbered balance in fiscal year 2006-07 in the Supplemental Payments for Supplemental Security Income General Fund account in the Department of Health and Human Services lapses to the General Fund in fiscal year 2006-07.

Sec. AAA-2. General Assistance; lapsed balances. Notwithstanding any other provision of law, $50,000 of the unencumbered balance in fiscal year 2006-07 in the General Assistance, General Fund account in the Department of Health and Human Services lapses to the General Fund in fiscal year 2006-07.

Sec. AAA-3. Bureau of Child and Family Services - Central; lapsed balances. Notwithstanding any other provision of law, $75,000 of the unencumbered balance in fiscal year 2006-07 in the Bureau of Child and Family Services - Central, General Fund account in the Department of Health and Human Services lapses to the General Fund in fiscal year 2006-07.

Sec. AAA-4. Purchased Social Services; lapsed balances. Notwithstanding any other provision of law, $140,000 of the unencumbered balance in fiscal year 2006-07 in the Purchased Social Services, General Fund account in the Department of Health and Human Services lapses to the General Fund in fiscal year 2006-07.

Sec. AAA-5. Community Services Center; lapsed balances. Notwithstanding any other provision of law, $65,000 of the unencumbered balance in fiscal year 2006-07 in the Community Services Center, General Fund account in the Department of Health and Human Services lapses to the General Fund in fiscal year 2006-07.

PART BBB

Sec. BBB-1. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Homestead Property Tax Exemption Reimbursement 0886

Initiative: Deappropriates funds based on an anticipated level of property tax exemptions.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($301,512) $0 $0
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GENERAL FUND TOTAL ($301,512) $0 $0

Public Improvements - Planning/Construction - Administration 0057

Initiative: Deappropriates surplus funds not needed for current operations.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($6,600) $0 $0
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GENERAL FUND TOTAL ($6,600) $0 $0

Tree Growth Tax Reimbursement 0261

Initiative: Deappropriates funds to recognize savings occurring as a result of increasing local property valuations and declining mill rates.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($249,913) $0 $0
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GENERAL FUND TOTAL ($249,913) $0 $0

Veterans Tax Reimbursement 0407

Initiative: Deappropriates funds based on reduced claims for property tax exemptions.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($26,971) $0 $0
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GENERAL FUND TOTAL ($26,971) $0 $0

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2006-07 2007-08 2008-09
GENERAL FUND
($584,996) $0 $0
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DEPARTMENT TOTAL - ALL FUNDS ($584,996) $0 $0

CORRECTIONS, DEPARTMENT OF

Administration - Corrections 0141

Initiative: Transfers one vacant Psychiatric Social Worker II position (Position # 036001647) from the Correctional Center program (0162) to the Department of Corrections - Administration program (0141) to support transitional services to female offenders in the community.

GENERAL FUND 2006-07 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
1.000 0.000 0.000
Personal Services
$13,465 $0 $0
All Other
$1,421 $0 $0
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GENERAL FUND TOTAL $14,886 $0 $0

Correctional Center 0162

Initiative: Transfers one vacant Psychiatric Social Worker II position (Position # 036001657) from the Correctional Center program (0162) to the Department of Corrections - Administration program (0141) to support transitional services to female offenders in the community.

GENERAL FUND 2006-07 2007-08 2008-09
POSITIONS - LEGISLATIVE COUNT
(1.000) 0.000 0.000
Personal Services
($13,465) $0 $0
All Other
($1,421) $0 $0
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GENERAL FUND TOTAL ($14,886) $0 $0

Correctional Medical Services Fund 0286

Initiative: Reduces the funding in the current year for medical and other health and treatment costs of offenders in the department's custody. The value of these savings will be reflected in an increase in cost over the 2008-2009 biennium.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($2,371,777) $0 $0
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GENERAL FUND TOTAL ($2,371,777) $0 $0

CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2006-07 2007-08 2008-09
GENERAL FUND
($2,371,777) $0 $0
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DEPARTMENT TOTAL - ALL FUNDS ($2,371,777) $0 $0

DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF

Administration - Maine Emergency Management Agency 0214

Initiative: Adjusts funding levels for disaster assistance for the current year to reflect reduced need demonstrated by a balance in allotment reserves.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($62,757) $0 $0
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GENERAL FUND TOTAL ($62,757) $0 $0

DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF
DEPARTMENT TOTALS 2006-07 2007-08 2008-09
GENERAL FUND
($62,757) $0 $0
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DEPARTMENT TOTAL - ALL FUNDS ($62,757) $0 $0

EDUCATION, DEPARTMENT OF

Adult Education 0364

Initiative: Deappropriates funds currently unobligated at the end of the third quarter.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($10,992) $0 $0
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GENERAL FUND TOTAL ($10,992) $0 $0

After-school Program Fund Z023

Initiative: Deappropriates funds currently unobligated at the end of the third quarter.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($25,000) $0 $0
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GENERAL FUND TOTAL ($25,000) $0 $0

Education in Unorganized Territory 0220

Initiative: Provides for a one-time deappropriation of funds to the Education in the Unorganized Territory program in fiscal year 2006-07 based on revised estimates of spending needs.

GENERAL FUND 2006-07 2007-08 2008-09
Personal Services
($1,022,906) $0 $0
All Other
($388,166) $0 $0
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GENERAL FUND TOTAL ($1,411,072) $0 $0

Management Information Systems 0838

Initiative: Deappropriates funds currently unobligated at the end of the third quarter.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($35,000) $0 $0
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GENERAL FUND TOTAL ($35,000) $0 $0

Professional Development 0859

Initiative: Deappropriates funds currently unobligated at the end of the third quarter.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($133,667) $0 $0
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GENERAL FUND TOTAL ($133,667) $0 $0

EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS 2006-07 2007-08 2008-09
GENERAL FUND
($1,615,731) $0 $0
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DEPARTMENT TOTAL - ALL FUNDS ($1,615,731) $0 $0

EDUCATION, STATE BOARD OF

State Board of Education 0614

Initiative: Deappropriates funds currently unobligated at the end of the third quarter.

GENERAL FUND 2006-07 2007-08 2008-09
All Other
($9,155) $0 $0
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GENERAL FUND TOTAL ($9,155) $0 $0

EDUCATION, STATE BOARD OF
DEPARTMENT TOTALS 2006-07 2007-08 2008-09
GENERAL FUND
($9,155) $0 $0
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DEPARTMENT TOTAL - ALL FUNDS ($9,155) $0 $0

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)<