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, 2010 and June 30, 2011
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,
PART A
Sec. A-1. Appropriations and allocations. The following appropriations and allocations are made.
PART B
Sec. B-1. Appropriations and allocations. The following appropriations and allocations are made to provide funding for approved reclassifications and range changes.
PART C
Sec. C-1. 20-A MRSA §5401, sub-§3-A is enacted to read:
Sec. C-2. 20-A MRSA §5806, sub-§2, as amended by PL 2007, c. 539, Pt. C, §2, is further amended to read:
Sec. C-3. 20-A MRSA §15671, sub-§7, ¶A, as amended by PL 2007, c. 539, Pt. C, §3, is further amended to read:
(1) For fiscal year 2005-06, the target is 84%.
(2) For fiscal year 2006-07, the target is 90%.
(3) For fiscal year 2007-08, the target is 95%.
(4) For fiscal year 2008-09, the target is 97%.
(5) For fiscal year 2009-10 and succeeding years, the target is 100% 97%.
(6) For fiscal year 2010-11 and succeeding years, the target is 100%.
Sec. C-4. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2007, c. 539, Pt. C, §4, is further amended to read:
(1) For fiscal year 2005-06, the target is 52.6%.
(2) For fiscal year 2006-07, the target is 53.86%.
(3) For fiscal year 2007-08, the target is 53.51%.
(4) For fiscal year 2008-09, the target is 54.01% 52.52%.
(5) For fiscal year 2009-10 and succeeding years, the target is 55% 51.01%.
(6) For fiscal year 2010-11 and succeeding years, the target is 55%.
Sec. C-5. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2007, c. 668, §34, is further amended to read:
(1) For the 2005 property tax year, the full-value education mill rate is the amount necessary to result in a 47.4% statewide total local share in fiscal year 2005-06.
(2) For the 2006 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2006-07.
(3) For the 2007 property tax year, the full-value education mill rate is the amount necessary to result in a 45.56% statewide total local share in fiscal year 2007-08.
(4) For the 2008 property tax year, the full-value education mill rate is the amount necessary to result in a 45.99% statewide total local share in fiscal year 2008-09.
(4-A) For the 2009 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45.0% 48.99% statewide total local share in fiscal year 2009-10 and after.
(4-B) For the 2010 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45.0% statewide total local share in fiscal year 2010-11 and after.
Sec. C-6. 20-A MRSA §15682, as amended by PL 2005, c. 519, Pt. AAAA, §9, is further amended to read:
§ 15682. Regional adjustment
The commissioner shall make a regional adjustment in the total operating allocation for each school administrative unit determined pursuant to section 15683. The regional adjustment must be based on the regional differences in teacher salary costs within for labor market areas in the State in which the school administrative unit is located, as computed by a statewide education policy research institute, and must be applied only to appropriate teacher salary and benefits costs as calculated under section 15678 and salary and benefit costs of other school-level staff who are not teachers as calculated under section 15679.
Sec. C-7. 20-A MRSA §15683-A, as amended by PL 2007, c. 539, Pt. C, §9, is further amended to read:
§ 15683-A. Total debt service allocation
For each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A. For the 2008-09 and 2009-10 funding year years only, for each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A excluding 80% of the insured value factor pursuant to section 15672, subsection 2-A, paragraph C.
Sec. C-8. 20-A MRSA §15689, sub-§1, ¶B, as amended by PL 2007, c. 539, Pt. C, §10, is further amended to read:
(1) In fiscal year 2005-06, 84%;
(2) In fiscal year 2006-07, 84%;
(3) In fiscal year 2007-08, 84%;
(4) In fiscal year 2008-09, 50% 45%; and
(5) In fiscal year 2009-10 and succeeding years, 84%. 45%; and
(6) In fiscal year 2010-11 and succeeding years, 84%.
Sec. C-9. 20-A MRSA §15689, sub-§10 is enacted to read:
Sec. C-10. 20-A MRSA §15689-A, sub-§10, as amended by PL 2007, c. 539, Pt. W, §1, is further amended to read:
Sec. C-11. 20-A MRSA §15689-A, sub-§12-A, as amended by PL 2007, c. 539, Pt. C, §11, is further amended to read:
Sec. C-12. 20-A MRSA §15689-A, sub-§16, as enacted by PL 2007, c. 539, Pt. C, §12, is amended to read:
Sec. C-13. 20-A MRSA §15689-A, sub-§18, as reallocated by RR 2007, c. 2, §6, is amended to read:
Sec. C-14. 20-A MRSA §15689-A, sub-§19 is enacted to read:
Sec. C-15. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2009-10 is 6.68.
Sec. C-16. 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 2009-10 is:
| 2009-10 | |||
| TOTAL | |||
| Total Operating Allocation | |||
| Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage | $1,361,048,007 | ||
| Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage | $1,320,216,567 | ||
| Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A | $386,167,586 | ||
 |
|||
| Total Operating Allocation | |||
| Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A | $1,706,384,153 | ||
| Total Debt Service Allocation | |||
| Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A | $98,773,116 | ||
| Total Adjustments and Miscellaneous Costs | |||
| Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, section 15689 and 15689-A | $74,860,695 | ||
|
|||
| 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 2009-10 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B | $1,880,017,964 | ||
Sec. C-17. 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, 2009 and ending June 30, 2010 is:
| 2009-10 | 2009-10 | ||
| 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 | $921,046,472 | $958,971,492 | |
Sec. C-18. Limit of State's obligation. If the State's continued obligation for any individual component contained in sections 16 and 17 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 this Part may not lapse but must be carried forward for the same purpose.
Sec. C-19. Authorization of payments. Sections 16 and 17 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, 2009 and ending June 30, 2010.
Sec. C-20. Carrying balance; Management Information Systems program, General Fund account. Notwithstanding any other provision of law, any balance remaining from the $3,500,000 appropriation in fiscal year 2007-08 to the Department of Education’s Management Information Systems program, General Fund account in Public Law 2007, chapter 240, Part A, section 22 to provide statewide support for certain operational efficiencies, such as GIS routing software and consolidated payroll and accounting systems, associated with school consolidation that carried forward to fiscal year 2008-09 pursuant to Public Law 2007, chapter 539, Part NN, section 1 does not lapse but must carry forward to June 30, 2011 to be used for the same purpose.
PART D
Sec. D-1. 20-A MRSA §253, sub-§6, as amended by PL 1985, c. 785, Pt. A, §78, is further amended to read:
Sec. D-2. Rename Preschool Handicapped program. Notwithstanding any other provision of law, the Preschool Handicapped program within the Department of Education is renamed the Child Development Services program.
PART E
Sec. E-1. 36 MRSA §4062, sub-§1-A, ¶A, as repealed and replaced by PL 2005, c. 12, Pt. N, §1 and affected by §4, is amended to read:
(1) The state death tax deduction contained in the Code, Section 2058 is to be disregarded;
(2) The unified credit is to be determined under the Code, Section 2010 as of December 31, 2000;
(3) For the estates of decedents dying after December 31, 2004, the federal taxable estate must be decreased by an amount equal to the value of Maine qualified terminable interest property in the estate of the decedent; and
(4) For the estates of decedents dying after December 31, 2004, the federal taxable estate must be increased by an amount equal to the value of Maine elective property in respect of the decedent; and
Sec. E-2. 36 MRSA §4062, sub-§1-B is enacted to read:
Sec. E-3. 36 MRSA §4062, sub-§2, as amended by PL 2007, c. 693, §24, is further amended to read:
Sec. E-4. 36 MRSA §4062, sub-§2-A, as amended by PL 2005, c. 622, §15, is further amended to read:
Sec. E-5. 36 MRSA §4071, sub-§1-A, as enacted by PL 2007, c. 693, §29, is amended to read:
For deaths occurring on or after July 1, 2009, the State Tax Assessor is not bound by a final federal determination under subsection 1 if the assessor determines the issue for purposes of tax under this chapter.
Sec. E-6. Application. Those sections of this Part that amend the Maine Revised Statutes, Title 36, section 4062, subsection 1-A and section 4062, subsection 2 and subsection 2-A and that enact section 4062, subsection 1-B apply to deaths occurring on or after January 1, 2009. That section of this Part that amends section 4071, subsection 1-A applies to estates of decedents dying on or after July 1, 2009.
PART F
Sec. F-1. PL 2007, c. 539, Pt. L, §1 is amended to read:
Sec. L-1. Transfers to Maine Clean Election Fund. In addition to the transfers authorized pursuant to the Maine Revised Statutes, Title 21-A, section 1124, the State Controller shall transfer $2,425,000 $2,000,000 from General Fund undedicated revenue to the Maine Clean Election Fund on or before June 1, 2010 and shall transfer an additional $2,000,000 from General Fund undedicated revenue to the Maine Clean Election Fund on or before August 1, 2010.
Sec. F-2. Transfers to Maine Clean Election Fund. Notwithstanding the Maine Revised Statutes, Title 21-A, section 1124, subsection 2, paragraph B, the State Controller shall transfer $2,000,000, currently authorized to be made on or before January 1, 2011, from the General Fund to the Maine Clean Election Fund on or before September 1, 2010 in order to ensure that adequate funds will be available to the Commission on Governmental Ethics and Election Practices.
PART G
Sec. G-1. 12 MRSA §6304, sub-§2, as amended by PL 2003, c. 20, Pt. WW, §1, is further amended to read:
Sec. G-2. 12 MRSA §6421, sub-§7-A, as amended by PL 2007, c. 615, §9, is further amended to read:
Sec. G-3. 12 MRSA §6421, sub-§8, as repealed and replaced by PL 2007, c. 138, §1, is amended to read:
Sec. G-4. 12 MRSA §6451, sub-§1, as amended by PL 2007, c. 615, §12, is further amended to read:
Sec. G-5. 12 MRSA §6501, sub-§5, as amended by PL 2003, c. 20, Pt. WW, §6, is further amended to read:
Sec. G-6. 12 MRSA §6505-A, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §7, is further amended to read:
Fifty dollars of each license fee collected under this subsection accrue accrues to the Eel and Elver Management Fund established in section 6505-D.
Sec. G-7. 12 MRSA §6505-B, sub-§1, ¶A, as amended by PL 2001, c. 421, Pt. B, §30 and affected by Pt. C, §1, is further amended to read:
Sec. G-8. 12 MRSA §6505-B, sub-§3, as amended by PL 2001, c. 421, Pt. B, §30 and affected by Pt. C, §1, is further amended to read:
This subsection does not apply to a dip net a person utilizes pursuant to section 6505-A, subsection 5.
Sec. G-9. 12 MRSA §6505-B, sub-§5, as enacted by PL 1995, c. 536, Pt. A, §8, is amended to read:
Sec. G-10. 12 MRSA §6505-C, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §8, is further amended to read:
Sec. G-11. 12 MRSA §6535, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §9, is further amended to read:
Sec. G-12. 12 MRSA §6536, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §10, is further amended to read:
Sec. G-13. 12 MRSA §6601, sub-§5, as repealed and replaced by PL 2007, c. 466, Pt. A, §34, is amended to read:
Sec. G-14. 12 MRSA §6601, sub-§5-A, as amended by PL 2007, c. 466, Pt. A, §35, is further amended to read:
Sec. G-15. 12 MRSA §6602, sub-§5, as enacted by PL 2007, c. 54, §2, is amended to read:
Sec. G-16. 12 MRSA §6651, sub-§1, as amended by PL 2007, c. 692, §3, is further amended to read:
The Shellfish Fund may receive any other money, including any other gift, grant or other source of revenue.
Sec. G-17. 12 MRSA §6701, sub-§5, as amended by PL 2003, c. 20, Pt. WW, §13, is further amended to read:
Sec. G-18. 12 MRSA §6702, sub-§5, as amended by PL 2007, c. 607, Pt. A, §2, is further amended to read:
Sec. G-19. 12 MRSA §6703, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §15, is further amended to read:
Sec. G-20. 12 MRSA §6731, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §16, is further amended to read:
Sec. G-21. 12 MRSA §6745, sub-§5, as amended by PL 2003, c. 20, Pt. WW, §17, is further amended to read:
Sec. G-22. 12 MRSA §6746, sub-§5, as amended by PL 2003, c. 20, Pt. WW, §18, is further amended to read:
Sec. G-23. 12 MRSA §6748, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §19, is further amended to read:
Sec. G-24. 12 MRSA §6748-A, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §20, is further amended to read:
Sec. G-25. 12 MRSA §6748-D, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §21, is further amended to read:
Sec. G-26. 12 MRSA §6751, sub-§4, as amended by PL 1991, c. 528, Pt. T, §12 and affected by Pt. RRR and amended by c. 591, Pt. T, §12, is further amended to read:
Sec. G-27. 12 MRSA §6791, sub-§1, as enacted by PL 1977, c. 661, §5, is amended to read:
The fund must be maintained by the commissioner.
Sec. G-28. 12 MRSA §6801-A, sub-§5, as enacted by PL 2005, c. 27, §1, is amended to read:
Sec. G-29. 12 MRSA §6803, sub-§3, as amended by PL 1999, c. 501, §2, is further amended to read:
Sec. G-30. 12 MRSA §6803, sub-§4, as corrected by RR 1999, c. 1, §17, is amended to read:
Sec. G-31. 12 MRSA §6804, sub-§7, as amended by PL 2003, c. 248, §10, is further amended to read:
Sec. G-32. 12 MRSA §6804, sub-§8, as amended by PL 2003, c. 248, §10, is further amended to read:
Sec. G-33. 12 MRSA §6808, sub-§6, as enacted by PL 2001, c. 186, §1, is amended to read:
Sec. G-34. 12 MRSA §6808, sub-§7, as enacted by PL 2001, c. 186, §1, is amended to read:
Sec. G-35. 12 MRSA §6810-A, sub-§8, as enacted by PL 2003, c. 169, §1 and affected by §3, is amended to read:
Sec. G-36. 12 MRSA §6851, sub-§6, as amended by PL 2003, c. 20, Pt. WW, §22, is further amended to read:
Sec. G-37. 12 MRSA §6851-A, sub-§4, as enacted by PL 2005, c. 508, §1, is amended to read:
Sec. G-38. 12 MRSA §6852, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §23, is further amended to read:
Sec. G-39. 12 MRSA §6853, sub-§6, as amended by PL 1991, c. 528, Pt. T, §16 and affected by Pt. RRR and amended by c. 591, Pt. T, §16, is further amended to read:
Sec. G-40. 12 MRSA §6854, sub-§6, as amended by PL 2003, c. 20, Pt. WW, §24, is further amended to read:
Sec. G-41. 12 MRSA §6855, sub-§6, as amended by PL 2003, c. 20, Pt. WW, §25, is further amended to read:
Sec. G-42. 12 MRSA §6857, sub-§5, as amended by PL 2003, c. 20, Pt. WW, §26, is further amended to read:
Sec. G-43. 12 MRSA §6863, sub-§3, as enacted by PL 1991, c. 876, §2, is amended to read:
Sec. G-44. 12 MRSA §6864, sub-§4, as amended by PL 2003, c. 20, Pt. WW, §27, is further amended to read:
Sec. G-45. 12 MRSA §6864, sub-§5, as enacted by PL 1995, c. 536, Pt. A, §10 and affected by §13, is amended to read:
PART H
Sec. H-1. 36 MRSA §4403, sub-§1, as amended by PL 2005, c. 627, §8, is repealed and the following enacted in its place:
Sec. H-2. 36 MRSA §4404, first ¶, as amended by PL 2007, c. 438, §101, is further amended to read:
Every distributor subject to the licensing requirement of section 4402 shall file, on or before the last day of each month, a return on a form prescribed and furnished by the State Tax Assessor together with payment of the tax due under this chapter. The return must state the quantity and the wholesale sales price of report all tobacco products held, purchased, manufactured, brought in or caused to be brought in from outside the State or shipped or transported to retailers within the State during the preceding calendar month. Every distributor shall keep a complete and accurate record at its principal place of business to substantiate all receipts and sales of tobacco products.
Sec. H-3. Application. That section of this Part that amends the Maine Revised Statutes, Title 36, section 4403, subsection 1 applies to purchases made on or after July 1, 2009.
PART I
Sec. I-1. 12 MRSA §10202, sub-§2, ¶B, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §41 and affected by §422, is repealed.
Sec. I-2. 12 MRSA §10202, sub-§9, as amended by PL 2007, c. 240, Pt. O, §1, is repealed.
PART J
Sec. J-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, Office of Information Technology may enter into lease-purchase agreements in fiscal years 2009-10 and 2010-11 for the acquisition of personal computers, servers, printers and other hardware and software to support end-user and infrastructure services provided to all departments and agencies by the Office of Information Technology. The financing arrangements entered into in each fiscal year may not exceed $10,000,000 in principal costs, and a financing arrangement may not exceed 5 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 $2,523,000. Payment for debt service costs must be made from the available All Other allocation in the Office of Information Technology Internal Service Fund.
PART K
Sec. K-1. Rename Division of Administrative Services program. Notwithstanding any other provision of law, the Division of Administrative Services program in the Department of Marine Resources is renamed the Office of the Commissioner program.
PART L
Sec. L-1. 12 MRSA §5012, first ¶, as amended by PL 1997, c. 24, Pt. QQ, §1, is further amended to read:
The commissioner is the chief executive officer of the Department of Conservation. The commissioner shall coordinate and supervise the activities and programs of the bureaus and agencies that are part of the department; undertake comprehensive planning and analysis with respect to the functions and responsibilities of the department; and develop and implement, whenever necessary, procedures and practices to promote economy, efficiency and coordination in and between the various agencies and bureaus of the department. The commissioner shall reorganize or combine the bureaus of the department or the planning, operations and other functions among the bureaus of the department as the commissioner considers necessary to improve the efficiency of department services. From time to time the commissioner shall recommend to the Governor and Legislature such changes in the laws relating to the organization, functions, services or procedures of the agencies and bureaus of the department as the commissioner considers desirable. The commissioner shall prepare a budget for the department ; and shall organize and maintain within the department a general services division to which the commissioner may assign personnel from the agencies and bureaus of the department the office of the commissioner.
Sec. L-2. 12 MRSA §5012, 2nd ¶, as amended by PL 1997, c. 24, Pt. QQ, §2, is further amended to read:
The commissioner has the power to appoint a director of general services, a deputy commissioner and bureau heads and other staff of the department, subject to the Civil Service Law, and prescribe their duties as necessary for the proper performance of the duties of the department.
Sec. L-3. 12 MRSA §5012, 3rd ¶, as amended by PL 1997, c. 24, Pt. QQ, §2, is further amended to read:
The director of general services, the deputy commissioner and bureau heads shall serve at the pleasure of the commissioner, except that dismissal of the Executive Director of the Maine Land Use Regulation Commission requires the consent of a majority of the members of that commission.
Sec. L-4. 12 MRSA §5013, last ¶, as amended by PL 1997, c. 24, Pt. QQ, §3, is further amended to read:
Every person appointed as a bureau director , or a director of general services or of planning and program services, or in another supervisory capacity in the department , must have experience and skill in the field of the functions of such position. So far as is practicable in the judgment of the commissioner, appointments to such positions must be made by promoting employees of the State serving in positions that are classified and in every instance when a person is promoted from a classified position upon termination of that person's service in such classified supervisory position, the employee shall, if the employee so requests, must be restored to the classified position from which the employee was promoted or to a position equivalent thereto in salary grade in the same state agency, without impairment of the employee's personnel status or the loss of seniority, retirement or other rights to which uninterrupted service in the classified position would have entitled the employee, provided that if the employee's service in such unclassified supervisory position has been terminated for cause, the employee's right to be so restored must be determined by the State Civil Service Appeals Board.
Sec. L-5. Rename Administrative Services - Conservation program. Notwithstanding any other provision of law, the Administrative Services - Conservation program in the Department of Conservation is renamed the Office of the Commissioner program.
PART M
Sec. M-1. 5 MRSA §3305, sub-§1, ¶M, as repealed and replaced by PL 1995, c. 625, Pt. A, §9, is amended to read:
Sec. M-2. 7 MRSA §3909, sub-§2, as amended by PL 1997, c. 683, Pt. B, §1, is further amended to read:
Sec. M-3. 30-A MRSA §4451, as amended by PL 2007, c. 699, §§15 and 17, is further amended to read:
§ 4451. Training and certification for code enforcement officers
A person employed by a municipality or municipalities as a code enforcement officer for at least 3 years prior to January 1, 1990 is deemed certified under this section and, 5 years after the effective date of this paragraph, is subject to the recertification requirements of subsection 6.
A code enforcement officer is authorized to enforce all applicable laws and ordinances related to the structure and practice of the municipal code enforcement office, municipal planning board and appeals board procedures, application review and permitting procedures, inspection procedures and enforcement techniques.
(1) The code enforcement officer has practiced fraud or deception;
(2) Reasonable care, judgment or the application of a duly trained and knowledgeable code enforcement officer's ability was not used in the performance of the duties of the office; or
(3) The code enforcement officer is incompetent or unable to perform properly the duties of the office.
Sec. M-4. 30-A MRSA §4453, as amended by PL 1997, c. 683, Pt. B, §§16 and 17, is further amended to read:
§ 4453. Certification for representation in court
The office shall establish certification standards and a program to certify familiarity with court procedures for the following individuals:
PART N
Sec. N-1. 36 MRSA §5219-R, sub-§2, as enacted by PL 2005, c. 519, Pt. H, §1, is amended to read:
Sec. N-2. Retroactivity. This Part applies retroactively to March 29, 2006.
PART O
Sec. O-1. 36 MRSA §578, sub-§1, as amended by PL 2007, c. 639, §1, is further amended to read:
The State Tax Assessor shall determine annually the amount of acreage in each municipality that is classified and taxed in accordance with this subchapter. Each municipality is entitled to annual payments distributed in accordance with this section from money appropriated by the Legislature , to the extent so appropriated, if it submits an annual return in accordance with section 383 and if it achieves the minimum assessment ratio established in section 327. The State Tax Assessor shall pay any municipal claim found to be in satisfactory form by August 1st of the year following the submission of the annual return. The municipal reimbursement appropriation claim is calculated on the basis of 90% of the per acre tax revenue lost as a result of this subchapter. Municipal reimbursement under this section is further limited to the amount appropriated by the Legislature and distributed on a pro rata basis by the State Tax Assessor for all timely filed claims. For purposes of this section, the tax lost is the tax that would have been assessed, but for this subchapter, on the classified forest lands if they were assessed according to the undeveloped acreage valuations used in the state valuation then in effect, or according to the current local valuation on undeveloped acreage, whichever is less, minus the tax that was actually assessed on the same lands in accordance with this subchapter, and adjusted for the aggregate municipal savings in required educational costs attributable to reduced state valuation. A municipality that fails to achieve the minimum assessment ratio established in section 327 loses 10% of the reimbursement provided by this section for each one percentage point the minimum assessment ratio falls below the ratio established in section 327.
The State Tax Assessor shall adopt rules necessary to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules for the purposes of Title 5, chapter 375, subchapter 2-A.
(1) "Property tax burden" means the total real and personal property taxes assessed in the most recently completed municipal fiscal year, except the taxes assessed on captured value within a tax increment financing district, divided by the latest state valuation certified to the Secretary of State.
(2) "Undeveloped land" means rear acreage and unimproved nonwaterfront acreage that is not:
(a) Classified under the laws governing current use valuation set forth in chapter 105, subchapter 2-A, 10 or 10-A;
(b) A base lot; or
(c) Waste land.
(3) "Average value of undeveloped land" means the per acre undeveloped land valuations used in the state valuation then in effect, or according to the current local valuation on undeveloped land as determined for state valuation purposes, whichever is less.
(4) "Reduced tree growth valuation" means the difference between the average value of undeveloped land and the average value of tree growth land times the total number of acres classified as forest land under this subchapter.
Sec. O-2. Application. This Part applies to property tax years beginning on or after April 1, 2008.
PART P
Sec. P-1. 36 MRSA §457, sub-§2, as amended by PL 2007, c. 693, §12, is further amended to read:
Sec. P-2. Application. This Part applies to assessments made on or after April 1, 2010.
PART Q
Sec. Q-1. 34-A MRSA §3064-A is enacted to read:
§ 3064-A. Transfer to private correctional institution
The fact of confinement pursuant to this section does not deprive any prisoner of any legal rights that the prisoner would have had if the prisoner were confined in an appropriate departmental correctional facility, including access to the courts of this State.
PART R
Sec. R-1. Calculation and transfer; General Fund salary savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide Salary Adjustment account in Part A that applies against each General Fund account in the Executive Branch Departments and Independent Agencies - Statewide program from not granting a 4% salary increase effective January 1, 2009 to unclassified employees whose salaries are subject to the Governor's adjustment or approval. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11.
PART S
Sec. S-1. 30-A MRSA §5681, sub-§5, as amended by PL 2007, c. 240, Pt. S, §§1 and 2, is further amended to read:
Sec. S-2. Application. That section of this Act that amends the Maine Revised Statutes, Title 30-A, section 5681, subsection 5 applies to transfers beginning on or after July 1, 2009.
PART T
Sec. T-1. Transfer of funds; food, heating and utility expenses; Department of Corrections. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, or any other provisions of law, the Department of Corrections, upon recommendation of the State Budget Officer and approval of the Governor, is authorized to transfer, by financial order, All Other funding between accounts within the same fund for the purposes of paying food, heating and utility expenses in fiscal years 2009-10 and 2010-11.
Sec. T-2. 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 purposes of paying overtime expenses.
Sec. T-3. Transfers and adjustments to position count. The Commissioner of Corrections shall review the current organizational structure to improve organizational efficiency and cost-effectiveness. Notwithstanding any other provision of law, the State Budget Officer shall transfer position counts and available balances by financial order upon approval of the Governor in order to achieve the purposes of this section.
PART U
Sec. U-1. 36 MRSA §6652, sub-§1, as repealed and replaced by PL 2007, c. 438, §114, is amended to read:
PART V
Sec. V-1. 34-A MRSA §1803, sub-§1, ¶C, as enacted by PL 2007, c. 653, Pt. A, §30, is amended to read:
(1) For fiscal years 2010-11 and 2011-12, the boarding rates charged to the department for the housing of 190 state prisoners in county jails may not be greater on a daily basis than the county jails’ marginal costs as approved by the board.
PART W
Sec. W-1. 36 MRSA §5228, sub-§1, ¶D is enacted to read:
Sec. W-2. 36 MRSA §5228, sub-§2, as amended by PL 2007, c. 438, §106, is repealed.
Sec. W-3. 36 MRSA §5228, sub-§2-A is enacted to read:
Sec. W-4. 36 MRSA §5228, sub-§3, as amended by PL 2007, c. 438, §§107 and 108, is further amended to read:
Sec. W-5. 36 MRSA §5228, sub-§5, ¶B, as amended by PL 1991, c. 9, Pt. DD, §2 and affected by §4, is further amended to read:
Sec. W-6. 36 MRSA §5228, sub-§5, ¶C, as amended by PL 1999, c. 414, §51, is further amended to read:
Sec. W-7. 36 MRSA §5228, sub-§5, ¶D is enacted to read:
Sec. W-8. Application. This Part applies to tax years beginning on or after January 1, 2009.
PART X
Sec. X-1. 28-A MRSA §82, sub-§8, as enacted by PL 1997, c. 373, §28, is repealed.
Sec. X-2. 28-A MRSA §82, sub-§8-A is enacted to read:
PART Y
Sec. Y-1. Retirement incentive. The Commissioner of Administrative and Financial Services is authorized to offer a retirement incentive program to employees who are eligible to retire and who have reached their normal retirement age on or before July 1, 2009. Employees choosing to participate in this retirement incentive program must make application for participation in the manner specified by the commissioner between July 1, 2009 and August 15, 2009, with retirements effective August 31, 2009.
Sec. Y-2. Calculation and transfer of funds; General Fund; retirement incentive program. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide Retirement Incentive account in Part A that applies against each General Fund account for departments and agencies statewide that have occurred as a result of the retirement incentive program authorized in section 1. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11.
Sec. Y-3. Disposition of authorized positions vacated by retiring employees. Positions vacated by employees choosing to participate in the retirement incentive program authorized in section 1 must remain vacant from August 1, 2009 to June 30, 2011. Upon approval of the State Budget Officer, a vacated position may be filled to meet operational needs as long as a different position that achieves comparable savings within the same fund is identified.
PART Z
Sec. Z-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, 2011 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. Z-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, 2011 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. Z-3. Continuation of group life insurance. Notwithstanding the Maine Revised Statutes, Title 5, sections 903 and 18056 and the rules of the Maine Public Employees Retirement System, the life, accidental death and dismemberment, supplemental and dependent insurance amounts for a state employee who applies prior to July 1, 2011 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. Z-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, 2011.
Sec. Z-5. Lapsed balances. Notwithstanding any other provision of law, $350,000 in fiscal year 2009-10 and $350,000 in fiscal year 2010-11 of savings identified from the voluntary employee incentive programs in this Part lapse to the General Fund.
PART AA
Sec. AA-1. Calculation and transfer; attrition savings. The attrition rate for the 2010-2011 biennium is increased from 1.6% to 5.0%. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings identified in the Statewide Attrition account within the Department of Administrative and Financial Services in Part A that applies against each General Fund account for all departments and agencies statewide and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11.
PART BB
Sec. BB-1. 5 MRSA §1582, sub-§4, as enacted by PL 2005, c. 12, Pt. T, §1, is amended to read:
PART CC
Sec. CC-1. 22 MRSA §1714-B, as amended by PL 2005, c. 519, Pt. PP, §1, is further amended to read:
§ 1714-B. Critical access hospital reimbursement
For state fiscal years beginning on or after July 1, 2005 and until December 31, 2008, the department shall reimburse critical access hospitals that are licensed at 117% of MaineCare allowable costs for both inpatient and outpatient services provided to patients covered by the MaineCare program. Beginning January 1, 2009 and each fiscal year beginning on or after January 1, 2009, the department shall reimburse critical access hospitals that are licensed at 101% of MaineCare allowable costs for both inpatient and outpatient services provided to patients covered by the MaineCare program. Of the total allocated from hospital tax revenues under Title 36, chapter 375, $1,000,000 in state and federal funds must be distributed annually among critical access hospitals for staff enhancement payments.
Sec. CC-2. Retroactivity. This Part applies retroactively to January 1, 2009.
PART DD
Sec. DD-1. Transfer from unappropriated surplus at close of fiscal year 2009-10 to the Department of Health and Human Services, Medical Care - Payments to Providers program, General Fund. Notwithstanding any other provision of law, at the close of fiscal year 2009-10, the State Controller shall transfer up to $87,091,988 from the unappropriated surplus of the General Fund to the Department of Health and Human Services, Medical Care - Payments to Providers program, General Fund account 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 Title 5, section 1536.
Sec. DD-2. Use of transfers. Transfers made in accordance with section 1 of this Part must be expended for hospital settlements.
Sec. DD-3. Transfer considered adjustment to appropriations. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, amounts transferred pursuant to this Part are considered adjustments to appropriations in fiscal year 2010-11 only. These funds may be allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor.
PART EE
Sec. EE-1. PL 2007, c. 240, Pt. GG, §3, as enacted by PL 2007, c. 539, Pt. UU, §3, is repealed.
Sec. GG-3. Office of MaineCare Services; position eliminations. The Commissioner of Health and Human Services shall identify a minimum of 100 Legislative Count positions in the Office of MaineCare Services, including any positions eliminated pursuant to section 1, which must be eliminated no later than June 19, 2010 upon the transition to the fiscal agent model. By December 15, 2008, the commissioner shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report detailing the positions to be eliminated.
Sec. EE-2. Retroactivity. This Part applies retroactively to December 15, 2008.
PART FF
Sec. FF-1. Calculation and transfer; increased Federal Medical Assistance Percentage; Department of Health and Human Services. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A of this Act that applies against each appropriate MaineCare General Fund seed account within the Department of Health and Human Services from projected additional All Other savings from the anticipated temporary increase in the State's Federal Medical Assistance Percentage and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations and allocations in fiscal year 2009-10.
Sec. FF-2. Additional Federal Medical Assistance Percentage funding; authorized expenditures. Notwithstanding any other provision of law, in the event that the temporary increase in the State’s Federal Medical Assistance Percentage exceeds $98,800,000, the excess amount must be transferred by financial order to the Department of Health and Human Services - Departmentwide General Fund account upon the approval of the Governor to be used for one-time initiatives.
PART GG
Sec. GG-1. 5 MRSA §285, sub-§7, as amended by PL 2001, c. 439, Pt. XX, §5 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
For persons who were first employed before July 1, 1991, the State shall pay 100% of only the retiree's share of the premiums for the standard plan identified and offered by the commission and available to the retiree, as authorized by the commission for persons who were previously eligible for this health plan pursuant to subsection 1, paragraph A and who have subsequently become eligible pursuant to subsection 1, paragraph G.
For persons who were first employed by the State after July 1, 1991, the State shall pay a pro rata share portion of only the retiree's share of the premiums for the standard plan identified and offered by the commission and available to the retiree, as authorized by the commission for persons who were previously eligible for this health plan pursuant to subsection 1, paragraph A and who have subsequently become eligible pursuant to subsection 1, paragraph G based on the total number of years of participation in the group health plan prior to retirement as follows:
| Years of Participation | State Portion |
| 10 or more years | 100% group health plan premium |
| 9 but less than 10 years | 90% group health plan premium |
| 8 but less than 9 years | 80% group health plan premium |
| 7 but less than 8 years | 70% group health plan premium |
| 6 but less than 7 years | 60% group health plan premium |
| 5 but less than 6 years | 50% group health plan premium |
| Less than 5 years | No contribution |
Pursuant to Title 20-A, section 12722, subsection 5, this subsection applies to participants in the defined contribution plan offered by the Maine Community College System Board of Trustees under Title 20-A, section 12722.
Sec. GG-2. 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 the Statewide Health Insurance account, Department of Administrative and Financial Services, in Part A that applies against each General Fund account for departments and agencies statewide from savings in health insurance in accordance with section 1 of this Part. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11.
PART HH
Sec. HH-1. PL 2007, c. 539, Pt. PPPP, §7 is amended to read:
Sec. PPPP-7. Report. No later than November 5, 2008 2009, the commission shall submit a report that includes its findings and recommendations, including any suggested legislation, for presentation to the Joint Standing Committee on Appropriations and Financial Affairs.
Sec. HH-2. Retroactivity. This Part applies retroactively to November 5, 2008.
PART II
Sec. II-1. Transfer from General Fund undedicated revenue for fiscal years 2009-10 and 2010-11; payroll and position management system. 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 2009-10 and fiscal year 2010-11 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 JJ
Sec. JJ-1. Transfer of overpayments accumulated in the Retiree Health Insurance Internal Service Fund. Notwithstanding any other provision of law, the State Controller shall transfer $2,200,000 representing the General Fund share of overpayments for retiree health insurance made by the Maine Community College System over a period of several years that have been assessed by the retiree health insurance program to the unappropriated surplus of the General Fund by June 30, 2010. The State Controller shall determine the balance due to the Maine Community College System and reimburse those funds to the system no later than June 30, 2010.
PART KK
Sec. KK-1. 20-A MRSA §9, as enacted by PL 1995, c. 395, Pt. J, §1 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
§ 9. Education Coordinating Committee
The Education Coordinating Committee, referred to in this section as the "committee," is established to promote efficiency, cooperative effort and strategic planning between among the Department of Education, the State Board of Education, the University of Maine System, the Maine Community College System and the Maine Maritime Academy. The committee consists of the Commissioner of Education, the Chair of the State Board of Education, the Chancellor of the University of Maine System, the Chair of the Board of Trustees of the University of Maine System, the President of the Maine Community College System, the Chair of the Board of Trustees of the Maine Community College System, the President of the Maine Maritime Academy and the Chair of the Board of Trustees of the Maine Maritime Academy.
The committee shall meet at least twice each year. The commissioner shall convene the first meeting of the committee by October 15, 1995. The committee shall elect a chair from among its members to serve for a term to be determined by the committee. The committee shall report on its deliberations and any recommendations to the Governor and the joint standing committee of the Legislature having jurisdiction over education matters by February 15th each year.
Notwithstanding the deadline established in this section, on or before January 1, 2010 and every year thereafter, the committee shall include in its report under this section information on:
Sec. KK-2. 20-A MRSA §10902, sub-§2, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:
Sec. KK-3. 20-A MRSA §10902-A, as amended by PL 1985, c. 779, §49, is further amended to read:
§ 10902-A. Report by trustees
The trustees, or their board representative, shall appear annually, in January, before the Joint Standing Committee on Education joint standing committee of the Legislature having jurisdiction over education matters to report on efforts by the University of Maine System to comply with the state public policy on higher education established by section 10902. That report shall must include, but need not be limited to , the following:
Sec. KK-4. 20-A MRSA §12704, sub-§2-A is enacted to read:
Sec. KK-5. 20-A MRSA §12718, sub-§4-A is enacted to read:
Sec. KK-6. Financial and human resources services review. The Commissioner of Administrative and Financial Services shall work with the Chancellor of the University of Maine System, the President of the Maine Community College System and the President of the Maine Maritime Academy to review their institutions' current organizational structures and provision of personnel, payroll, accounting, contracting, purchasing and any other financial management and human resources services, benefits and related functions to recommend improvements in organizational efficiency and cost-effectiveness. The Commissioner of Administrative and Financial Services shall no later than December 1, 2009 identify savings from the improvements identified in the review and provide the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs a report of recommended improvements from the review, including any necessary implementing legislation, no later than January 15, 2010.
All personnel of the University of Maine System, Maine Community College System and Maine Maritime Academy shall assist the Commissioner of Administrative and Financial Services by providing information requested by the commissioner or the commissioner's designees for the review required by this section.
Sec. KK-7. Higher education institution administrative consolidation. To the extent not prohibited by law, the University of Maine System, Maine Community College System and Maine Maritime Academy shall implement recommendations developed under this Part. Implementation may involve changes in organizational structures or service delivery within one of these higher education institutions, between any 2 of these higher education institutions, among these 3 higher education institutions or between any number of these higher education institutions and State Government. Implementation may occur through memoranda of understanding, contracts or reassignment or elimination of finance and human resources personnel within or among these higher education institutions as needed to support implementation of the recommendations. Any savings from implementation of the recommendations must be reinvested in the higher education institutions. The Education Coordinating Committee established pursuant to the Maine Revised Statutes, Title 20-A, section 9 shall include in its annual report to the Governor and the joint standing committee of the Legislature having jurisdiction over education matters information regarding progress toward implementing recommendations under this Part. The Trustees of the University of Maine System shall include in their annual report pursuant to Title 20-A, section 10902-A information regarding progress toward implementing recommendations under this Part. The Board of Trustees of the Maine Community College System shall include in its annual report pursuant to Title 20-A, section 12718 information regarding progress toward implementing recommendations under this Part.
PART LL
Sec. LL-1. 36 MRSA §6207, sub-§1, ¶A-1, as amended by PL 2005, c. 2, Pt. E, §4 and affected by §§7 and 8, is further amended to read:
Sec. LL-2. 36 MRSA §6207, sub-§1, ¶B is enacted to read:
PART MM
Sec. MM-1. Commissioner of Conservation; park fees. The Commissioner of Conservation shall undertake a review of fees charged by the Department of Conservation, Bureau of Parks and Lands and, pursuant to the Maine Revised Statutes, Title 12, section 1819, shall implement, in a manner determined most appropriate by the commissioner, increases in such fees to generate additional undedicated revenue to the General Fund of $475,500 in fiscal year 2009-10 and $475,500 in fiscal year 2010-11.
PART NN
Sec. NN-1. 36 MRSA §5211, sub-§14, as enacted by P&SL 1969, c. 154, §F, is amended to read:
Sec. NN-2. 36 MRSA §5211, sub-§15, ¶B, as enacted by P&SL 1969, c. 154, §F, is amended to read:
Sec. NN-3. 36 MRSA §5211, sub-§16-A, ¶A, as enacted by PL 2007, c. 240, Pt. V, §9 and affected by §15, is amended to read:
Sec. NN-4. 36 MRSA §5211, sub-§16-A, ¶B, as enacted by PL 2007, c. 240, Pt. V, §9 and affected by §15, is amended to read:
Sec. NN-5. Application. This Part applies to tax years beginning on or after January 1, 2009.
PART OO
Sec. OO-1. 12 MRSA §11109, sub-§3, as amended by PL 2007, c. 168, §§2 and 3 and affected by §8 and amended by c. 203, §§7 to 9, is further amended to read:
Sec. OO-2. 12 MRSA §11109, sub-§5, as amended by PL 2005, c. 397, Pt. E, §7, is further amended to read:
Sec. OO-3. 12 MRSA §11109, sub-§7, as amended by PL 2005, c. 12, Pt. III, §5, is further amended to read:
Sec. OO-4. 12 MRSA §11109, sub-§9, as enacted by PL 2005, c. 419, §5 and affected by §12, is amended to read:
Sec. OO-5. 12 MRSA §11109-A, sub-§5, as enacted by PL 2005, c. 477, §4, is amended to read:
Sec. OO-6. 12 MRSA §11151, sub-§3, as amended by PL 2005, c. 12, Pt. III, §7, is further amended to read:
Sec. OO-7. 12 MRSA §11153, sub-§1, as amended by PL 2005, c. 12, Pt. III, §8, is further amended to read:
Sec. OO-8. 12 MRSA §11154, sub-§3, as amended by PL 2005, c. 12, Pt. III, §9, is further amended to read:
Sec. OO-9. 12 MRSA §11155, sub-§1-B, as enacted by PL 2005, c. 12, Pt. III, §11, is amended to read:
Sec. OO-10. 12 MRSA §11157, sub-§3, as amended by PL 2005, c. 12, Pt. III, §16, is further amended to read:
Sec. OO-11. 12 MRSA §11160, sub-§3, as amended by PL 2005, c. 12, Pt. III, §18, is further amended to read:
Sec. OO-12. 12 MRSA §12201, sub-§6, as amended by PL 2005, c. 12, Pt. III, §23, is further amended to read:
Sec. OO-13. 12 MRSA §12501, sub-§6, as amended by PL 2005, c. 12, Pt. III, §24, is further amended to read:
PART PP
Sec. PP-1. 30-A MRSA §2202, sub-§2 is enacted to read:
Sec. PP-2. 30-A MRSA §2202, sub-§3 is enacted to read:
Sec. PP-3. 30-A MRSA §2202, sub-§4 is enacted to read:
Sec. PP-4. 30-A MRSA §2208 is enacted to read:
§ 2208. Municipal cost savings
Each year, the municipal officers may apply money in the fund to the reduction of the property tax assessment mill rate or to a municipal property tax assistance program adopted under Title 36, chapter 907-A.
Sec. PP-5. 30-A MRSA §5681, sub-§3, as amended by PL 2005, c. 266, §1, is further amended to read:
Sec. PP-6. 30-A MRSA §5681, sub-§5-B, as amended by PL 2007, c. 240, Pt. NNN, §1, is repealed and the following enacted in its place:
Sec. PP-7. 30-A MRSA §6201, as enacted by PL 2005, c. 266, §2, is amended to read:
§ 6201. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) Studies to examine alternative methods of achieving collaboration, including those adopted by other municipalities;
(2) Cost-benefit studies; and
(3) Facilitation of community meetings and public outreach and education.
(1) Execution and implementation of an interlocal agreement under chapter 115, a tax base sharing arrangement or another regional government mechanism for achieving collaboration;
(2) Joint strategic planning or comprehensive or capital investment planning;
(3) Public outreach and education;
(4) Collaboration or consolidation of offices or services;
(5) Professional services, such as those provided by attorneys, consultants, facilitators and architects; and
(6) Administrative services and costs, such as photocopying, printing, telephone service and travel costs.
Administrative and other costs of ongoing operations that would otherwise be budgeted by a municipality, county or regional government subdivision are not eligible costs.
Sec. PP-8. 30-A MRSA §6204, as amended by PL 2007, c. 662, §4, is further amended to read:
§ 6204. Uses of fund
Except as otherwise provided by this section and section 5681, subsection 3, the fund is available solely for cooperative services grants for qualifying projects. The department may use the fund to cover its costs of administration , including contracting for services to administer the grants.
Grant funds may not be used for reimbursement of costs or expenses incurred prior to an award from the fund. A maximum of 10% of the value of grant funds available during any year may be awarded for planning grants.
Sec. PP-9. 30-A MRSA §6205, as enacted by PL 2005, c. 266, §2, is amended to read:
§ 6205. Eligibility; intergovernmental cooperation
In accordance with the request for proposals applications issued by the department under section 6209, an eligible applicant may apply for a planning grant or a cooperative services grant from the fund. In order to be eligible for a planning grant or a cooperative services grant, an eligible applicant must demonstrate in its application that the project for which it seeks a grant will be undertaken in cooperation with one or more municipalities, counties or regional government subdivisions it has entered into an agreement for municipal service administration as defined in section 2202, subsection 2; that the parties are among the entities described in section 2208, subsection 1; and other related factors in accordance with a request for applications issued by the department under section 6209.
An eligible applicant may contract with nongovernmental organizations and individuals for the purpose of carrying out projects supported by the fund.
In applying for a cooperative services grant, an eligible applicant must specify the type of qualifying project for which assistance is sought and how the project will reduce demand for property tax revenues.
Sec. PP-10. 30-A MRSA §6206, as amended by PL 2007, c. 662, §5, is repealed.
Sec. PP-11. 30-A MRSA §6207, sub-§1, as enacted by PL 2005, c. 266, §2, is repealed.
Sec. PP-12. 30-A MRSA §6207, sub-§2, as enacted by PL 2005, c. 266, §2, is amended to read:
Sec. PP-13. 30-A MRSA §6208, sub-§1, ¶D, as enacted by PL 2005, c. 266, §2, is amended to read:
Sec. PP-14. 30-A MRSA §6208, sub-§2, as enacted by PL 2005, c. 266, §2, is amended to read:
Prior to issuing the request for proposals applications as provided in section 6209, the department shall consult with the review panel, which may suggest criteria for consideration by the department.
Sec. PP-15. 30-A MRSA §6209, as enacted by PL 2005, c. 266, §2, is repealed and the following enacted in its place:
§ 6209. Request for applications
No later than November 1st of each year, the department shall issue a request for applications in accordance with the Bureau of General Services Rules, Chapter 110 that includes the schedules and deadline for submission of applications for the purposes of section 5681, subsection 5-B and action on applications for grants under this chapter; procedures for reviewing those applications; and procedures and information requirements related to application submissions. The department shall provide reasonable notice to all eligible applicants about the availability of the fund and the solicitation of grant applications.
Sec. PP-16. 30-A MRSA §6210, sub-§2, as enacted by PL 2005, c. 266, §2, is amended to read:
Sec. PP-17. 30-A MRSA §6210, sub-§4, as enacted by PL 2005, c. 266, §2, is amended to read:
Sec. PP-18. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 30-A, chapter 231, in the chapter headnote, the words "fund for the efficient delivery of local and regional services" are amended to read "fund for the efficient delivery of local and regional administration services" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
PART QQ
Sec. QQ-1. General Fund savings; judicial branch. Notwithstanding any other provision of law, the State Court Administrator shall adjust the Personal Services and All Other line categories to achieve the amount of projected savings in Part A in the judicial branch related to maintaining costs within available resources and shall transfer the amounts by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2009-10 and fiscal year 2010-11.
PART RR
Sec. RR-1. Issuance of securities; Maine Governmental Facilities Authority. Pursuant to the Maine Revised Statutes, Title 4, section 1610-A, the Maine Governmental Facilities Authority is authorized to issue securities in its own name in an amount up to $1,666,450 for the purpose of paying the cost of multiple repair projects at correctional facilities.
PART SS
Sec. SS-1. Transfer from General Fund undedicated revenue; Callahan Mine Site Restoration, Department of Transportation. Notwithstanding any other provision of law, the State Controller shall transfer $500,000 by July 15, 2009 from General Fund unappropriated surplus to the Callahan Mine Site Restoration Other Special Revenue Funds program within the Department of Transportation.
PART TT
Sec. TT-1. Consolidation of statewide information technology functions, systems and funding to improve efficiency and cost-effectiveness. The Chief Information Officer shall review the current organizational structure, systems and operations of information technology units to improve organizational efficiency and cost-effectiveness. The Chief Information Officer is authorized to manage and operate all information technology systems in the executive branch and to approve all information technology expenditures from a consolidated account. Notwithstanding any other provision of law, the State Budget Officer shall transfer position counts and available balances by financial order upon approval of the Governor to the Department of Administrative and Financial Services, Office of Information Technology for the provision of those services. These transfers are considered adjustments to authorized position count, appropriations and allocations in fiscal years 2009-10 and 2010-11.
Notwithstanding any other provision of law, the Chief Information Officer or the Chief Information Officer's designee shall provide direct oversight and management over statewide technology services and oversight over the technology personnel assigned to information technology services. The Chief Information Officer is authorized to identify savings and position eliminations to the General Fund and other funds from efficiencies to achieve the savings identified in Part A of this Act.
PART UU
Sec. UU-1. Calculation and transfer; General Fund; central services savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A in the Statewide Central Services account, Department of Administrative and Financial Services that applies against each General Fund account for departments and agencies statewide as a result of improvements in contracting with vendors and the use of procurement cards. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11.
PART VV
Sec. VV-1. Tax expenditures. In accordance with the Maine Revised Statutes, Title 5, section 1666, funding is continued for each individual tax expenditure, as defined in Title 5, section 1666, reported in the budget document submitted by the Governor on January 9, 2009.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.
SUMMARY
This Part does the following.
It specifies a mill expectation of 6.68 for fiscal year 2009-10 and the total cost of funding public education from kindergarten to grade 12, consisting of total debt service allocation, total adjustments and miscellaneous costs, and the state share percentage.
It authorizes the Commissioner of Education to waive the requirement for school administrative units to provide transportation for public preschool students.
It authorizes the Commissioner of Education to waive for the 2009-2010 school year the requirement that a school administrative unit must pay an insured value factor to a private school for tuitioned students.
It authorizes the Commissioner of Education to exercise flexibility for regional adjustments based on labor markets, to expend and disburse funds for the innovative schools project and to expend and disburse funds for learning through technology, data management and support services for essential programs and services, transportation administration and coordination of services for juvenile offenders.
This Part amends the law regarding the duties of the Commissioner of Education to require the commissioner to appoint an Education Specialist III for the supervision of agricultural education, instead of an Education Specialist II as is required in current law. It also renames the Preschool Handicapped program in the Department of Education the Child Development Services program.
This Part does the following.
It makes an adjustment to ensure that the Maine estate tax under current law will continue to be imposed for deaths occurring after calendar year 2009 with the intent of maintaining the State's estate tax revenues at current levels.
It amends the law to provide that the State Tax Assessor is not bound by a final federal determination if the assessor determines an issue for purposes of the estate.
It also amends the definition of "federal gross estate" to include gifts made by a decedent 3 years prior to death, but not include gifts made prior to January 1, 2008. Transfers made as part of a bona fide sale for full and adequate consideration are not included in the definition.
This Part does the following.
It reduces the amount that must be transferred to the Maine Clean Election Fund on or before June 1, 2010 from $2,425,000 to $2,000,000 and it eliminates the $2,000,000 transfer on or before August 1, 2010 from General Fund undedicated revenue to the Maine Clean Election Fund.
It changes the date by which the State Controller must transfer revenues to the Maine Clean Election Fund in fiscal year 2010-11 from on or before January 1, 2011 to on or before September 1, 2010.
This Part increases license fees levied by the Department of Marine Resources.
This Part converts the excise tax on smokeless tobacco products from a tax equaling 78% of the wholesale price to a tax based on weight at the rate of $2.02 per ounce, but no less than $2.02. The change is effective for purchases made on or after July 1, 2009.
This Part eliminates the Fiscal Stability Program, which required each biennial budget to include, beginning with the 2010-2011 biennial budget, an additional General Fund appropriation of 18% in excess of the requested biennial budget for the Department of Inland Fisheries and Wildlife.
This Part authorizes the Department of Administrative and Financial Services, Office of Information Technology to enter into lease-purchasing agreements in fiscal years 2009-10 and 2010-11 for the acquisition of personal computers, servers, printers and other hardware and software to support end-user and infrastructure services and discloses the terms of the lease-purchasing agreements.
This Part renames the Division of Administrative Services program in the Department of Marine Resources the Office of the Commissioner program.
This Part removes reference to the Director of General Services position and adds references to the office of the commissioner in the Department of Conservation. It renames the Administrative Services - Conservation program in the Department of Conservation the Office of the Commissioner program.
This Part does the following.
It removes the requirement that a municipality must hire a certified code enforcement officer and places the certification requirement on the individual.
It institutes a fee for individuals seeking code enforcement office training and certification from the Executive Department, State Planning Office and removes General Fund support of such training.
It clarifies that the State Planning Office's rules for training and certification of code enforcement officers under the Maine Revised Statutes, Title 30-A, section 4451 are routine technical rules and removes the requirement that the office establish certification standards for humane agents and state veterinarians.
This Part delays the tax credit for rehabilitation of historic properties with respect to the Kennebec Arsenal District National Historic Landmark from tax years beginning on or after January 1, 2006 but before January 1, 2010 to tax years that begin on or after January 1, 2009 but before January 1, 2013. Unused credit amounts in any one tax year may be carried forward only through tax year 2012.
This Part limits reimbursements to municipalities under the Maine Tree Growth Tax Law to the amount appropriated by the Legislature and distributed on a pro rata basis.
This Part increases the rate of tax to be imposed on telecommunications personal property for fiscal years 2009-10 to 2011-12.
This Part authorizes the Department of Corrections to transfer prisoners sentenced to the department to correctional institutions operated by private providers.
This Part requires the State Budget Officer to calculate the savings from not granting a 4% salary increase effective January 1, 2009 to unclassified employees whose salaries are subject to the Governor's adjustment or approval. It authorizes the transfer of the savings by financial order; these transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11.
This Part amends the laws governing state-municipal revenue sharing to reduce funding to the Local Government Fund, Revenue Sharing I, by reducing the percentage of revenues transferred from taxes from 5.2% to 4.6% for fiscal years 2009-10 and 2010-11. This Part also reduces the transfer point to the Disproportionate Tax Burden Fund by $16,000,000 for each of those years.
This Part does the following.
It authorizes the State Budget Officer, upon recommendation of the Department of Corrections, to transfer All Other funds by financial order between accounts within the same fund for the purpose of paying food, heating and utility expenses during the 2010-2011 biennium.
It authorizes the State Budget Officer, upon recommendation of the Department of Corrections, to transfer by financial order Personal Services, All Other and Capital Expenditures funding between accounts within the same fund for the purposes of paying departmental overtime expenses.
It requires the Commissioner of Corrections to review the current organizational structure to improve organizational efficiency and cost-effectiveness and it authorizes the State Budget Officer to transfer positions and available balances by financial order.
This Part limits the allowable benefit under the Business Equipment Tax Reimbursement, or "BETR," program to 90% of eligible property taxes paid for application periods beginning August 1, 2009 and August 1, 2010.
This Part limits, for fiscal years 2010-11 and 2011-12, the boarding rates charged to the Department of Corrections for the housing of 190 state prisoners to the county jails’ marginal costs.
This Part disallows the use of the election to pay estimated tax based on the prior year's tax liability with regard to unusual event income, which is defined as the receipt of at least $500,000 income over the prior tax year's income. The change applies to tax years beginning on or after January 1, 2009.
This Part requires the Department of Public Safety to notify licensees of changes in the liquor rules and regulations through postings on the department's publicly accessible website.
This Part authorizes the Commissioner of Administrative and Financial Services to implement a new employee retirement incentive program designed to encourage employees who are otherwise eligible to retire to do so. It requires the State Budget Officer to calculate the savings and transfer the amounts by financial order upon approval of the Governor. It requires that the vacated positions remain vacant from August 1, 2009 to June 30, 2011.
This Part continues the voluntary employee incentive program during the 2010-2011 biennium and recognizes the resulting savings. It provides for the lapsing of $350,000 in savings to the General Fund in both fiscal years 2009-10 and 2010-11.
This Part recognizes projected additional Personal Services savings in the Statewide Attrition account within the Department of Administrative and Financial Services for General Fund departments and agencies statewide from an increase in the attrition rate from 1.6% to 5.0 % for the 2010-2011 biennium. It authorizes the State Budget Officer to transfer funds and adjust the appropriations to the affected departments and agencies.
This Part allows the transfer of accrued Personal Services savings between and within department accounts in the General Fund and Highway Fund to be used to offset Personal Services shortfalls that occur as a direct result of Personal Services appropriation or allocation reductions for projected vacancies.
This Part reduces the reimbursement for critical access hospitals from 117% of MaineCare allowable costs to 101% of MaineCare allowable costs.
This Part authorizes the transfer of up to $87,091,988 from the unappropriated surplus of the General Fund to the Medical Care - Payments to Providers program, General Fund account at the end of fiscal year 2009-10 to be used for hospital settlements in fiscal year 2010-11.
This Part repeals the provision that required the Department of Health and Human Services, Office of MaineCare Services to reduce Legislative Count positions by a minimum of 100 positions by June 19, 2010 and to report to the Legislature on those eliminations. The proposed reorganization of the Office of MaineCare Services reflected in Part A of this bill will result in the elimination of 55 positions.
This Part authorizes the State Budget Officer to transfer funds and adjust the appropriations of the Department of Health and Human Services General Fund MaineCare seed accounts as a result of additional federal resources from a temporary increase in the Federal Medical Assistance Percentage. It also requires that any Federal Medical Assistance Percentage funding received above $98,800,000 be transferred to the Department of Health and Human Services - Departmentwide General Fund account to be used for one-time initiatives.
This Part changes the portion of the employee health insurance premium that is paid by the State for employees earning over $50,000 annually. The state share will decline from 100% to 95% for employees earning between $50,000 and $90,000 yearly and to 90% for employees earning $90,000 or more each year. It requires the State Budget Officer to transfer the resulting savings to the General Fund by financial order upon approval of the Governor.
This Part retroactively changes the reporting date for the recommendations of the Commission To Review Short-term and Long-term Costs in the Maine Public Employees Retirement System from November 5, 2008 to November 5, 2009.
This Part authorizes the transfer of up to $750,000 from excess General Fund revenue above the budgeted state cost allocation program revenue estimate in each of fiscal years 2009-10 and 2010-11 to the Office of Information Technology Internal Service Fund as partial funding for the development and implementation of an improved payroll and position management system.
This Part transfers the General Fund share of overpayments for retiree health insurance by the Maine Community College System to the unappropriated surplus of the General Fund. It also requires the State Controller to determine the balance due to the Maine Community College System and to reimburse those funds to the system by June 30, 2010.
This Part does the following.
It requires the Commissioner of Administrative and Financial Services to review and recommend improvements in current University of Maine System, Maine Community College System and Maine Maritime Academy organizational structures and provision of personnel, payroll, accounting, contracting, purchasing and any other financial management and human resources services, benefits and related functions. The commissioner shall also identify savings from the improvements recommended.
The University of Maine System, Maine Community College System and Maine Maritime Academy shall implement recommendations developed by the Commissioner of Administrative and Financial Services. Implementation may involve changes in organizational structures or service delivery within or among any of the higher education institutions. Any savings from implementation of the recommendations must be reinvested in the higher education institutions.
It also requires the Education Coordinating Committee in its annual report to detail efforts to achieve flexible higher education communities using new technologies and other innovative learning opportunities. The Trustees of the University of Maine System and the Board of Trustees of the Maine Community College System are to report on their efforts to meet this goal and to implement recommendations for administrative improvement.
This Part limits the allowable benefit under the Maine Residents Property Tax Program for all nonelderly households to 90% of the amount to which those households would otherwise be eligible for application periods beginning on August 1, 2009 and on August 1, 2010.
This Part directs the Commissioner of Conservation to review the fees currently charged by the Department of Conservation, Bureau of Parks and Lands and to design and implement fee increases that will result in additional undedicated revenue to the General Fund of $475,500 in each fiscal year of the biennium.
This Part removes from the apportionment of income calculation the sales of tangible personal property by businesses operating in more than one state if the sales are delivered to a state where the taxpayer is not taxable. Sales other than those of tangible personal property are also removed from Maine sales in the apportionment calculation if the sales are delivered from Maine to a state where the taxpayer is not taxable.
This Part increases the fees for certain hunting, fishing and trapping licenses by $2.50 beginning in calendar year 2010 and by an additional $1 beginning in calendar year 2011. This increase does not affect any lifetime license fees.
This Part does the following.
It establishes municipal service administration as a specific purpose of cooperative agreements among municipalities and regional school units. The Part authorizes the municipal establishment of a property tax reduction fund made up of cost savings derived from implementing a municipal service administration agreement. Municipal service administration is the centralized provision of personnel, payroll, accounting, contracting, purchasing and any other financial management and human resources services and related functions.
It continues the diversion of broad-based tax revenues into a fund for efficient delivery of municipal services, but brings the focus to delivery of administration services.
It promotes the effective and efficient use of funds provided to municipalities from broad-based taxes and discourages use of these tax revenues in support of excess administration costs by encouraging municipalities to submit applications for grants for agreements for municipal service administration.
This Part requires the State Court Administrator to achieve the projected savings identified in Part A of this bill for fiscal years 2009-10 and 2010-11. Personal Services and All Other line categories will be adjusted accordingly by financial order.
This Part allows the Department of Corrections to finance repair projects that are essential for the operation of correctional facilities.
This Part authorizes the transfer of $500,000 from General Fund unappropriated surplus to the Callahan Mine Site Restoration Other Special Revenue Funds program within the Department of Transportation for litigation support and legal initiatives related to the restoration of the site.
This Part does the following.
It requires the Chief Information Officer to review the current structure for the delivery of information technology across the executive branch with the objective of further improving organizational efficiency and cost-effectiveness and authorizes the Chief Information Officer to manage and operate all executive branch information technology systems from a consolidated account.
The State Budget Officer is authorized to transfer position counts and savings arising from the implementation of organizational improvements by financial order, upon approval of the Governor, to the Department of Administrative and Financial Services, Office of Information Technology consolidated account for the provision of those services. These transfers are considered adjustments to authorized position count, appropriations and allocations in fiscal years 2009-10 and 2010-11.
This Part requires the State Budget Officer to calculate the savings as a result of improvements in contracting with vendors and the use of procurement cards. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2009-10 and 2010-11.
This Part continues authorization for each individual tax expenditure as provided for by statute.