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, 2009, June 30, 2010 and June 30, 2011

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,

PART A

Sec. .

PART B

Sec. .

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:

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:

Sec. C-5. 20-A MRSA §15671-A, sub-§2, ¶B,  as amended by PL 2007, c. 668, §34, is further amended to read:

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. For the 2010-11 funding year only, each school administrative unit’s total debt service allocation must include the portion of the tuition cost applicable to the insured value factor for the base year computed under section 5806 limited to an insured value factor no greater than 5% for each eligible student.

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:

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. 20-A MRSA §15689-B, sub-§6,  as enacted by PL 2005, c. 2, Pt. D, §61 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:

Sec. C-16. 20-A MRSA §15690, sub-§1,  as amended by PL 2007, c. 240, Pt. XXXX, §31 and amended by, c. 539, Pt. C, §15, is further amended to read:

Sec. C-17. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2009-10 is 6.73 and must be lowered to 6.37 as a result of funds provided under Title XIV of the State Fiscal Stabilization Fund of the federal American Recovery and Reinvestment Act of 2009 as part of the amount restored to school administrative units in fiscal year 2009-10.

Sec. C-18. Total cost of funding public education from kindergarten to grade 12. The total cost of funding public education from kindergarten to grade 12 for fiscal year 2009-10 is as follows:

			2009-10
			TOTAL
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage		$1,355,336,908
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage		$1,314,676,801
	Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A		$393,441,473
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		$1,708,118,274
Total Debt Service Allocation
	Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A		$99,167,267
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		$1,882,146,236

Sec. C-19. Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2009 and ending June 30, 2010 is calculated as follows:

		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	$923,174,744	$958,971,492
Portion to be paid from Federal IDEA balance			($11,600,000)
Adjusted state contribution			$947,371,492

Sec. C-20. Limit of State's obligation. If the State's continued obligation for any individual component contained in sections 18 and 19 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-21. Authorization of payments. Sections 18 and 19 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-22. 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:

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:

Sec. E-6. Application. Those sections of this Part that amend the Maine Revised Statutes, Title 36, section 4062, subsections 1-A, 2 and 2-A and that enact Title 36, section 4062, subsection 1-B apply to deaths occurring on or after January 1, 2009. That section of this Part that amends Title 36, 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:

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:

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:

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:

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-§9,  as amended by PL 2007, c. 240, Pt. O, §1, is further amended to read:

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 and for new system development provided to 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. 25 MRSA §2374,  as enacted by PL 2007, c. 699, §11, is amended to read:

§ 2374. Uniform Building Codes and Standards Fund

The Uniform Building Codes and Standards Fund , referred to in this section as "the fund," is established within the Department of Public Safety to fund the activities of the bureau under this chapter and the activities of the board under Title 10, chapter 1103 and the Executive Department, State Planning Office under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is provided by the surcharge established by section 2450-A. The Department of Public Safety and the Executive Department, State Planning Office shall together determine an amount to be transferred annually from the fund for training and certification under Title 30-A, section 4451, subsection 3-A to the Maine Code Enforcement Training and Certification Fund established in Title 30-A, section 4451, subsection 3-B. Any balance of the fund may not lapse, but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal year.

Sec. M-4. 30-A MRSA §4215, sub-§4,  as amended by PL 1999, c. 228, §6, is further amended to read:

Sec. M-5. 30-A MRSA §4451, sub-§1,  as amended by PL 1997, c. 296, §§5 and 6 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

Sec. M-6. 30-A MRSA §4451, sub-§3,  as amended by PL 2007, c. 699, §16, is further amended to read:

Sec. M-7. 30-A MRSA §4451, sub-§3-B  is enacted to read:

Sec. M-8. 30-A MRSA §4451, sub-§5,  as amended by PL 1991, c. 163, is further amended to read:

Sec. M-9. 30-A MRSA §4451, sub-§6,  as amended by PL 1999, c. 547, Pt. B, §§50 and 78 and affected by §80, is further amended to read:

Sec. M-10. 30-A MRSA §4453, sub-§3,  as amended by PL 1997, c. 683, Pt. B, §16, is further amended to read:

Sec. M-11. 30-A MRSA §4453, sub-§4,  as amended by PL 1997, c. 683, Pt. B, §16, is further amended to read:

Sec. M-12. 30-A MRSA §4453, sub-§5,  as enacted by PL 1997, c. 683, Pt. B, §17, is repealed.

PART N

Sec. N-1. 5 MRSA §286-B, sub-§2,  as enacted by PL 2007, c. 240, Pt. RRR, §1, is amended to read:

Sec. N-2. Work group. The Treasurer of State shall convene a work group to explore issues associated with compliance with Governmental Accounting Standards Board Statements Number 43 and Number 45 related to the unfunded liability obligations for retiree health benefits for individuals described in the Maine Revised Statutes, Title 20-A, section 13451, subsections 2, 2-A, 2-B and 2-C.

1. Participants. In convening the work group the Treasurer of State shall include representatives from the Office of the Treasurer of State, Maine Educational Association, Maine School Management Association and Maine Municipal Association and the Commissioner of Administrative and Financial Services or the commissioner's designee and the Executive Director of the Maine Public Employees Retirement System. Members of the work group may have professional advisors in attendance at the meetings of the group. The Treasurer of State shall serve as chair of the work group and may accept resources as approved and provided by work group participants.

2. Duties. The work group shall:

3. Report. The work group shall submit its report, including any recommended implementing legislation to the Joint Standing Committee on Appropriations and Financial Affairs by January 15, 2010.

Following receipt and review of the report, the Joint Standing Committee on Appropriations and Financial Affairs may report out legislation to the Second Regular Session of the 124th Legislature.

PART O

Sec. O-1. 36 MRSA §578, sub-§1,  as amended by PL 2007, c. 639, §1, is further amended to read:

PART P

Sec. P-1. 36 MRSA §457, sub-§2,  as amended by PL 2009, c. 1, Pt. P, §1 and affected by §2, is further amended to read:

Sec. P-2. Review and report. The Joint Standing Committee on Taxation shall review the telecommunications personal property tax and other forms of taxation of telecommunications providers in this State and in other states. The committee shall invite the participation of the Department of Administrative and Financial Services, Bureau of Revenue Services and telecommunications providers in the review. The committee shall submit a report to the Joint Standing Committee on Appropriations and Financial Affairs by January 15, 2010, summarizing the results of its review and recommending changes to the tax laws to ensure equitable tax treatment of telecommunications providers in a revenue-neutral manner. The Joint Standing Committee on Taxation may submit legislation related to the review to the Second Regular Session of the 124th Legislature.

Sec. P-3. Application. Section 1 of this Part applies to assessments made on or after April 1, 2010.

PART Q

Sec. Q-1. 5 MRSA c. 316,  as amended, is repealed.

Sec. Q-2. 5 MRSA §12004-J, sub-§10,  as enacted by PL 1991, c. 417, §2, is repealed.

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 section 2 of this Part that applies against each General Fund account from not having granted 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. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts not later than September 1, 2009.

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Reduces funding to reflect savings from not having granted a 4% salary increase effective January 1, 2009 to unclassified employees whose salaries are subject to the Governor's adjustment or approval.

GENERAL FUND	2009-10	2010-11
Personal Services	($671,625)	($671,625)
GENERAL FUND TOTAL	($671,625)	($671,625)

PART S

Sec. S-1. 30-A MRSA §5681, sub-§2, ¶C,  as amended by PL 2007, c. 662, §1, is repealed.

Sec. S-2. 30-A MRSA §5681, sub-§2, ¶D,  as amended by PL 2007, c. 662, §1, is repealed.

Sec. S-3. 30-A MRSA §5681, sub-§3,  as amended by PL 2005, c. 266, §1, is further amended to read:

Sec. S-4. 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-5. 30-A MRSA §5681, sub-§5-B,  as amended by PL 2007, c. 240, Pt. NNN, §1, is repealed.

Sec. S-6. 30-A MRSA §5681, sub-§5-C  is enacted to read:

Sec. S-7. 30-A MRSA §6201, sub-§6,  as enacted by PL 2005, c. 266, §2, is amended to read:

Sec. S-8. 30-A MRSA §6202,  as enacted by PL 2005, c. 266, §2, is amended to read:

§ 6202. Fund source; nonlapsing; dedicated, special revenue account

There is established the Fund for the Efficient Delivery of Local and Regional Services to assist those municipalities that collaborate with other municipalities, counties or state agencies to obtain savings in the cost of delivering local and regional governmental services. The fund consists of revenues transferred from the Local Government Fund pursuant to section 5681, subsection 5-B General Fund and any funds received as contributions from private and public sources. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year must be carried forward to the next fiscal year. The fund is a dedicated, special revenue account.

Sec. S-9. 30-A MRSA §6204, first ¶,  as enacted by PL 2005, c. 266, §2, is amended to read:

Except as otherwise provided by this section and section 5681, subsection 3, the fund is available solely for grants for qualifying projects. The department may use the fund to cover its costs of administration, including contracting for services to administer the grants.

Sec. S-10. 36 MRSA §700-B, sub-§2,  as enacted by PL 2005, c. 623, §1, is amended to read:

Sec. S-11. 36 MRSA §2552, sub-§1, ¶J,  as amended by PL 2007, c. 539, Pt. DDD, §7 and c. 627, §67, is repealed and the following enacted in its place:

Sec. S-12. 36 MRSA §2552, sub-§1, ¶K,  as repealed by PL 2007, c. 539, Pt. DDD, §8 and amended by c. 627, §68, is repealed.

Sec. S-13. 36 MRSA §2559,  as amended by PL 2007, c. 539, Pt. DDD, §9, is further amended to read:

§ 2559. Application of revenues

Revenues derived by the tax imposed by this chapter must be credited to a General Fund suspense account. On or before the last day of each month, the State Controller shall transfer a percentage of the revenues received by the State Tax Assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs A to F and L to the Local Government Fund as provided by Title 30-A, section 5681, subsection 5. The balance remaining in the General Fund suspense account must be transferred to service provider tax General Fund revenue. On or before the 15th day of each month, the State Controller shall transfer all revenues received by the assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs G to J to the Medical Care Services Other Special Revenue Funds account, the Other Special Revenue Funds Mental Health Services - Community Medicaid program, the Medicaid Services - Mental Retardation program and the Office of Substance Abuse - Medicaid Seed program within the Department of Health and Human Services.

Sec. S-14. 36 MRSA §6203-A,  as enacted by PL 2003, c. 673, Pt. BB, §2, is amended to read:

§ 6203-A. Procedure for reimbursement

At least monthly on or before the last day of the month, the State Tax Assessor shall determine the benefit for each claimant under this chapter and certify the amount to the State Controller to be transferred to the so-called circuit breaker reserve established, maintained and administered by the State Controller from General Fund undedicated revenue within the individual income tax category. At least monthly, the assessor shall pay the certified amounts to each approved applicant qualifying for the benefit under this chapter. Interest may not be allowed on any payment made to a claimant pursuant to this chapter.

Sec. S-15. 36 MRSA §6656, sub-§1,  as enacted by PL 2005, c. 618, §20 and affected by §22, is amended to read:

Sec. S-16. Effective date. This Part takes effect July 1, 2009 except that no transfers from undedicated revenue to the Local Government Fund pursuant to the Maine Revised Statutes, Title 30-A, section 5681, subsection 5 may be made in June 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. Transfer from Other Special Revenue Funds to unappropriated surplus of the General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $11,654 in fiscal year 2009-10 from the Department of the Secretary of State, Archives Other Special Revenue Funds account to the unappropriated surplus of the General Fund no later than June 30, 2010, to provide funding for one-time retroactive costs associated with personnel action at the Department of the Secretary of State, Maine State Archives.

PART W

Sec. W-1. 34-A MRSA §1217  is enacted to read:

§ 1217.  Prisoner Boarding Fund

The Prisoner Boarding Fund is established in the department to provide funding for the boarding of prisoners at county jail facilities.

PART X

Sec. X-1. 28-A MRSA §82, sub-§8,  as enacted by PL 1997, c. 373, §28, is amended to read:

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 this Part 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 on or before January 15, 2010. 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. Except as provided in this section, positions vacated by employees choosing to participate in the retirement incentive program authorized in section 1 must remain vacant from September 1, 2009 to June 30, 2011. Upon approval of the State Budget Officer, a vacated position may be filled to meet the operational needs of the department as long as a different vacated position that achieves comparable savings within the same fund is identified. The State Budget Officer shall report to the Joint Standing Committee on Appropriations and Financial Affairs on the numbers of the employees, by program, taking advantage of the retirement incentive program by January 15, 2010.

Sec. Y-4. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Departments and Agencies - Statewide 0016

Initiative: Reduces funding from departments and agencies statewide from projected savings in Personal Services achieved through the retirement incentive program.

GENERAL FUND	2009-10	2010-11
Personal Services	($2,388,887)	($2,866,664)
GENERAL FUND TOTAL	($2,388,887)	($2,866,664)

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 a state employee who applies 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, $650,000 in fiscal year 2009-10 and $650,000 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 section 3 that applies against each General Fund account for all executive branch 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. The State Budget Officer shall submit to the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts no later than September 1, 2009.

Sec. AA-2. Report; interdepartmental transfers. The State Budget Officer shall submit to the Joint Standing Committee on Appropriations and Financial Affairs reports of the interdepartmental transfers pursuant to the Maine Revised Statutes, Title 5, section 1582, subsection 4 that were necessary to offset unrealized savings from projected vacancies by a state department in fiscal years ending June 30, 2010 and June 30, 2011. The reports must be submitted no later than May 15th and June 15th in both 2010 and 2011.

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Reduces funding to reflect projected savings to the State from an increase in the attrition rate from 1.6% to 5% for fiscal years 2009-10 and 2010-11.

GENERAL FUND	2009-10	2010-11
Personal Services	($8,786,937)	($8,683,091)
GENERAL FUND TOTAL	($8,786,937)	($8,683,091)

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 through June 30, 2009, the department shall reimburse licensed 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. For state fiscal years beginning on or after July 1, 2009, for each critical access hospital fiscal year up to but not including the hospital fiscal year beginning on or after April 1, 2011, the department shall reimburse licensed critical access hospitals at 109% 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. This section is repealed April 1, 2012.

Sec. CC-2. 22 MRSA §1714-C  is enacted to read:

§ 1714-C.  Critical access hospital staff enhancement reimbursement

Beginning April 1, 2011, the department shall reimburse critical access hospitals from the total allocated from hospital tax revenues under Title 36, chapter 375 at least $1,000,000 in state and federal funds to be distributed annually among critical access hospitals for staff enhancement payments.

Sec. CC-3. 22 MRSA §3174-LL  is enacted to read:

§ 3174-LL.  Inpatient services reimbursement based on diagnosis-related groups

Beginning April 1, 2010, the Department of Health and Human Services shall begin to phase in a system to reimburse noncritical access hospitals for inpatient services under the MaineCare program an amount per discharge that is based on diagnosis-related groups modeled on the system used by the federal Medicare program. The new diagnosis-related groups payment system must be budget neutral, based on MaineCare hospital payments for the year prior to the year of implementation. The new payment system must be implemented for each noncritical access hospital at the beginning of the hospital's first fiscal year that commences on or after April 1, 2010. The Department of Health and Human Services 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.

Sec. CC-4. 22 MRSA §3174-MM  is enacted to read:

§ 3174-MM.  Outpatient services reimbursement under the MaineCare program based on ambulatory payment classifications

Beginning April 1, 2010, the Department of Health and Human Services shall begin to phase in a system to reimburse noncritical access hospitals for outpatient services under the MaineCare program an amount per patient service based on ambulatory payment classifications modeled on the system used by the federal Medicare program. The new ambulatory payment classifications must be budget neutral based on MaineCare payments for the same services in the year prior to the year of implementation. The new payment system must be implemented for each hospital at the beginning of the hospital's first fiscal year that commences on or after April 1, 2010. The Department of Health and Human Services 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.

Sec. CC-5. 22 MRSA §3174-NN  is enacted to read:

§ 3174-NN.  Inpatient services reimbursement for critical access hospitals based on diagnosis-related groups

Beginning April 1, 2011, the Department of Health and Human Services shall begin to phase in a system to reimburse critical access hospitals for inpatient services under the MaineCare program an amount per discharge that is based on diagnosis-related groups modeled on the system used by the federal Medicare program. The new diagnosis-related groups payment system must be budget neutral, based on MaineCare hospital payments for the year prior to the year of implementation. The new payment system must be implemented for each critical access hospital at the beginning of the hospital’s first fiscal year that commences on or after April 1, 2011. The Department of Health and Human Services 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.

Sec. CC-6. 22 MRSA §3174-OO  is enacted to read:

§ 3174-OO.  Outpatient services reimbursement for critical access hospitals under the MaineCare program based on ambulatory payment classifications

Beginning April 1, 2011, the Department of Health and Human Services shall begin to phase in a system to reimburse critical access hospitals for outpatient services under the MaineCare program an amount per patient service based on ambulatory payment classifications modeled on the system used by the federal Medicare program. The new ambulatory payment classifications must be budget neutral based on MaineCare payments for the same services in the year prior to the year of implementation. The new payment system must be implemented for each critical access hospital at the beginning of the hospital's first fiscal year that commences on or after April 1, 2011. The Department of Health and Human Services 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.

Sec. CC-7. PL 2009, c. 1, Pt. V  is repealed.

Sec. CC-8. Report on progress regarding inpatient services reimbursement under MaineCare. By January 15, 2011, the Department of Health and Human Services shall present a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the progress in moving to reweighting the payments to acute care hospitals based on diagnosis-related groups and ambulatory payment classifications to provide incentives for the use of primary care.

Sec. CC-9. Report on progress regarding reducing the use of emergency departments in hospitals and reducing preventable admissions to the hospital from emergency departments. By January 15, 2010, the Governor's Office of Health Policy and Finance shall, after seeking input from interested parties, report to the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Appropriations and Financial Affairs regarding progress in reducing the use of emergency departments in hospitals and reducing preventable admissions to the hospitals. The Joint Standing Committee on Health and Human Services is authorized to report out legislation to the Second Regular Session of the 124th Legislature regarding reducing the use of hospital emergency departments and reducing preventable admissions to the hospitals from emergency departments.

Sec. CC-10. Report on the impact of increased physician MaineCare reimbursement. By October 1, 2010, the Department of Health and Human Services shall present a report to the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Appropriations and Financial Affairs on the impact of increased MaineCare physician reimbursement rates on access to and use of preventive and primary care services by MaineCare members.

Sec. CC-11. Rulemaking regarding MaineCare reimbursement. The Department of Health and Human Services shall adopt rules regarding reimbursement under the MaineCare program as provided in this section. Rules adopted pursuant to this section are routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

1. Rules for hospital-based providers of inpatient services. By July 1, 2009 the department shall adopt rules for reimbursement of hospital-based providers for inpatient services that establish the reimbursement rate at 93.3% of MaineCare allowable costs.

2. Rules for hospital-based providers of outpatient services. By July 1, 2009 the department shall adopt rules for reimbursement of hospital-based providers for outpatient services that establish the reimbursement rate at 83.8% of MaineCare allowable costs.

3. Rules for hospital emergency department providers of outpatient services. By July 1, 2009 the department shall adopt rules for reimbursement of hospital emergency department providers for outpatient services that establish the reimbursement rate at 93.4% of MaineCare allowable costs.

4. Rules for nonhospital-based physicians, nurse practitioners, physician assistants and nurse anesthetists. By February 1, 2010 the department shall adopt rules for reimbursement for services provided by nonhospital-based physicians, nurse practitioners, physician assistants and nurse anesthetists who are reimbursed at less than 70% of Medicare rates that establish the rates at 70% of Medicare rates.

5. Rules for hospital reimbursement. By July 1, 2009 the department shall adopt rules for hospital reimbursement as follows.

Sec. CC-12. Report on feasibility and advisability of reimbursing critical access hospitals on a diagnosis-related group system for inpatient services and on an ambulatory payment classification for outpatient services under the MaineCare program. By January 15, 2010 the Department of Health and Human Services shall report to the Joint Standing Committee on Health and Human Services on the feasibility and advisability of reimbursing critical access hospitals on a diagnosis-related group system for inpatient MaineCare services and on ambulatory payment classifications for outpatient MaineCare services.

PART DD

Sec. DD-1. PL 2007, c. 629, Pt. G, §3  is repealed.

Sec. DD-2. Transfer from unappropriated surplus at close of fiscal year 2008-09 to the Department of Health and Human Services, Medical Care - Payments to Providers program, General Fund account. Notwithstanding any other provision of law, at the close of fiscal year 2008-09, the State Controller shall transfer up to $15,000,000 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-3. 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 account. Notwithstanding any other provision of law, at the close of fiscal year 2009-10, the State Controller shall transfer up to $15,000,000 reduced by amounts transferred pursuant to section 2 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-4. Use of transfers. Of the transfers made in accordance with sections 2 and 3 up to $10,000,000 must first be used to meet the remaining obligations of the MaineCare program, including offsetting the impact of the payment of prior years' costs related to interim payments, and secondly up to $5,000,000 must be used to pay hospital settlements.

Sec. DD-5. Transfers 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 years 2009-10 and 2010-11. 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. EE-2. Retroactivity. This Part applies retroactively to December 15, 2008.

PART FF

Sec. FF-1. PL 2009, c. 1, Pt. E, §2  is amended to read:

Sec. E-2. Economic Recovery Fund account established. The Federal Relief Funds Reserve Economic Recovery Fund account, referred to in this section as "the reserve account," is established as a nonlapsing General Fund account to be used to reserve the General Fund savings from the anticipated temporary increase in the State's federal medical assistance percentage to be used for expenditures related to health care, including as first priority the payment of MaineCare settlements for hospital fiscal years 2005 and 2006. The State Budget Officer may transfer funds from the reserve account to the Medical Care - Payments to Providers program within the Department of Health and Human Services by financial order upon approval of the Governor for this purpose. Funds in the reserve account may not be expended, transferred or otherwise obligated for other purposes unless specifically authorized by the Legislature. The transfers pursuant to this section are considered adjustments to appropriations and allocations in fiscal year years 2008-09 , 2009-10 and 2010-11.

Sec. FF-2. PL 2009, c. 1, Pt. E, §3  is amended to read:

Sec. E-3. Calculation and transfer; increased federal medical assistance percentage in fiscal years 2008-09, 2009-10 and 2010-11. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of projected savings in fiscal year years 2008-09 , 2009-10 and 2010-11 that applies against each appropriate MaineCare General Fund seed account within the Department of Health and Human Services from the anticipated temporary increase in the State's federal medical assistance percentage and shall transfer the calculated amounts by financial order upon approval of the Governor to the Federal Relief Funds Reserve Economic Recovery Fund account established in section 2. These transfers are considered adjustments to appropriations and allocations in fiscal year years 2008-09 , 2009-10 and 2010-11.

Sec. FF-3. PL 2009, c. 1, Pt. E, §4  is amended to read:

Sec. E-4. Report. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs and the State Controller a report with reports of the transferred amounts and adjustments to appropriations and allocations made pursuant to sections 2 and 3 by May 15, 2009 , May 15, 2010 and May 15, 2011.

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 repealed and the following enacted in its place:

Sec. GG-2. 5 MRSA §285, sub-§7-A  is enacted to read:

Sec. GG-3. 5 MRSA §285, sub-§7-B  is enacted to read:

Sec. GG-4. Health credit premium benchmarks; development. No later than April 1, 2010, the State Employee Health Commission shall define benchmarks for healthy behavior for purposes of the health credit premium program developed pursuant to the Maine Revised Statutes, Title 5, section 285, subsection 7-A.

Sec. GG-5. Quarterly reports on health credit premium program. Beginning January 1, 2010, the Commissioner of Administrative and Financial Services shall report on a quarterly basis 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 state and local government matters on the implementation and operations of the health credit premium program established under the Maine Revised Statutes, Title 5, section 285, subsection 7-A.

Sec. GG-6. 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 7 of this Part that applies against each General Fund account for departments and agencies statewide from savings in health insurance in accordance with 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. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amount not later than September 1, 2009.

Sec. GG-7. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Reduces funding to reflect savings to the State for the cost of health insurance through a change in the portion of the employee health insurance premium that is paid by the State.

GENERAL FUND	2009-10	2010-11
Personal Services	($1,373,869)	($2,405,076)
GENERAL FUND TOTAL	($1,373,869)	($2,405,076)

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. Transfer from Other Special Revenue Funds to Dirigo Health Enterprise Fund. Notwithstanding any other provision of law, the State Controller may transfer up to $20,000,000 in fiscal year 2008-09 from Other Special Revenue Funds to the Dirigo Health Enterprise Fund established in the Maine Revised Statutes, Title 24-A, section 6915 no later than June 30, 2009. On July 1, 2009, the State Controller shall transfer an amount equal to the amount transferred from Other Special Revenue Funds to the Dirigo Health Enterprise Fund from the Dirigo Health Enterprise Fund along with interest to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance to be repaid with interest compounded annually at the earnings rate within the Treasurer of State's cash pool on the date of the advance.

Sec. KK-2. Working capital advance to Dirigo Health Enterprise Fund. For fiscal year 2009-10, the State Controller is authorized to advance up to $25,000,000 from the General Fund to the Dirigo Health Enterprise Fund established in the Maine Revised Statutes, Title 24-A, section 6915 to provide funds for health insurance premium costs paid for by the Dirigo Health Enterprise Fund.

Funds advanced from the General Fund to the Dirigo Health Enterprise Fund for fiscal year 2009-10 must be returned to the General Fund along with interest on a periodic basis commencing not later than April 1, 2010 with final repayment due on or before June 30, 2010. Interest is compounded annually at the Treasurer of State's rate of short-term borrowing.

Interest is compounded annually at the Treasurer of State's rate of short-term borrowing for funds advanced from the General Fund to the Dirigo Health Enterprise Fund for fiscal year 2008-09.

The State Controller shall report monthly to the Joint Standing Committee on Appropriations and Financial Affairs on the status and activity in the Dirigo Health Enterprise Fund.

Except as set forth in this section, the State Controller may not advance any funds from the General Fund to the Dirigo Health Enterprise Fund without express legislative authorization.

PART LL

Sec. LL-1. 3 MRSA §2, first ¶,  as amended by PL 2003, c. 20, Pt. F, §1, is further amended to read:

Each member of the Senate and House of Representatives, beginning with the first Wednesday of December 2000 and thereafter, is entitled to $10,815 in the first year and $7,725 in the 2nd year of each biennium, except that if a Legislator who is a recipient of retirement benefits from the federal Social Security Administration files a written request with the Executive Director of the Legislative Council within one week after the biennium commences, the Legislator is entitled to $9,270 in each year of the biennium. Each member of the Senate and the House of Representatives must receive a cost-of-living adjustment in annual legislative salary, except that the percentage increase may not exceed 5% in any year. Beginning December 1, 2001, the salary for each legislative session must be adjusted each December 1st by the percentage change in the Consumer Price Index for the most recently concluded fiscal year; except that no member of the Senate or the House of Representatives may receive a cost-of-living adjustment in annual legislative salary for the Second Regular Session of the 121st Legislature or the First Regular Session of the 122nd 124th Legislature. In addition, each Legislator is entitled to be paid for travel at each legislative session once each week at the same rate per mile to and from that Legislator's place of abode as state employees receive, the mileage to be determined by the most reasonable direct route, except that Legislators may be reimbursed for tolls paid for travel on the Maine Turnpike as long as they have a receipt for payment of the tolls, such tolls to be reimbursed when Legislators use the Maine Turnpike in traveling to and from sessions of the Legislature or in performance of duly authorized committee assignments. Each Legislator is entitled to mileage on the first day of the session, and those amounts of salary and expenses at such times as the Legislature may determine during the session, and the balance at the end of the session.

Sec. LL-2. 5 MRSA §18056, sub-§1,  as amended by PL 1991, c. 480, §3, is further amended to read:

Sec. LL-3. Lapsed Personal Services balances; Legislature. Notwithstanding any other provision of law, $356,947 of unencumbered balance forward in the Personal Services line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. In addition, $367,549 of unencumbered balance forward in the Personal Services line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2010-11.

Sec. LL-4. Lapsed Personal Services balances; Law and Legislative Reference Library. Notwithstanding any other provision of law, $27,353 of unencumbered balance forward in the Personal Services line category in the Law and Legislative Reference Library General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. In addition, $27,876 of unencumbered balance forward in the Personal Services line category in the Law and Legislative Reference Library General Fund account in the Legislature lapses to the General Fund in fiscal year 2010-11.

Sec. LL-5. Lapsed Personal Services balances; Office of Program Evaluation and Government Accountability. Notwithstanding any other provision of law, $17,933 of unencumbered balance forward in the Personal Services line category in the Office of Program Evaluation and Government Accountability General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. In addition, $18,551 of unencumbered balance forward in the Personal Services line category in the Office of Program Evaluation and Government Accountability General Fund account in the Legislature lapses to the General Fund in fiscal year 2010-11.

Sec. LL-6. Lapsed balances; Legislature; reduction in length of legislative session, suspension of cost-of-living adjustment and other cost-saving measures. Notwithstanding any other provision of law, $35,766 of unencumbered balance forward in the Personal Services line category and $65,800 in the All Other line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. These balances will be available as a result of reducing the length of the Second Regular Session of the 124th Legislature by one week. Additionally, $37,521 of unencumbered balance forward in the Personal Services line category and $65,800 in the All Other line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2010-11. These balances will be available as a result of reducing the length of the First Regular Session of the 125th Legislature by one week.

Notwithstanding any other provision of law, $45,856 of unencumbered balance forward in the Personal Services line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. This balance will be available as a result of suspending the annual cost-of-living adjustment for Legislators for the Second Regular Session of the 124th Legislature.

Notwithstanding any other provision of law, $65,750 in the All Other line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. This balance will be available as a result of implementing various cost-saving measures to achieve the identified savings.

Sec. LL-7. Lapsed balances; Reserve Fund for State House Preservation and Maintenance. Notwithstanding any other provision of law, $300,000 of unencumbered balance forward in the All Other line category in the Reserve Fund for State House Preservation and Maintenance General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10.

Sec. LL-8. Lapsed Personal Services balances; Legislature; Personal Services cost-saving measures. Notwithstanding any other provision of law, $695,619 of unencumbered balance forward in the Personal Services line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. In addition, $999,068 of unencumbered balance forward in the Personal Services line category in the Legislative General Fund account in the Legislature lapses to the General Fund in fiscal year 2010-11. These balances will be available as a result of implementing Personal Services cost-saving measures determined by the Legislative Council.

Sec. LL-9. Lapsed Personal Services balances; Law and Legislative Reference Library; Personal Services cost-saving measures. Notwithstanding any other provision of law, $65,929 of unencumbered balance forward in the Personal Services line category in the Law and Legislative Reference Library General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. In addition, $87,849 of unencumbered balance forward in the Personal Services line category in the Law and Legislative Reference Library General Fund account in the Legislature lapses to the General Fund in fiscal year 2010-11. These balances will be available as a result of implementing Personal Services cost-saving measures determined by the Legislative Council.

Sec. LL-10. Lapsed Personal Services balances; Office of Program Evaluation and Government Accountability; Personal Services cost-saving measures. Notwithstanding any other provision of law, $56,208 of unencumbered balance forward in the Personal Services line category in the Office of Program Evaluation and Government Accountability General Fund account in the Legislature lapses to the General Fund in fiscal year 2009-10. In addition, $81,045 of unencumbered balance forward in the Personal Services line category in the Office of Program Evaluation and Government Accountability General Fund account in the Legislature lapses to the General Fund in fiscal year 2010-11. These balances will be available as a result of implementing Personal Services cost-saving measures determined by the Legislative Council.

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 §10206, sub-§3, ¶C,  as amended by PL 2007, c. 44, §1, is further amended to read:

Sec. OO-2. 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-3. 12 MRSA §11109, sub-§5,  as amended by PL 2005, c. 397, Pt. E, §7, is further amended to read:

Sec. OO-4. 12 MRSA §11109, sub-§7,  as amended by PL 2005, c. 12, Pt. III, §5, is further amended to read:

Sec. OO-5. 12 MRSA §11109, sub-§9,  as enacted by PL 2005, c. 419, §5 and affected by §12, 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 §11154, sub-§3,  as amended by PL 2005, c. 12, Pt. III, §9, is further amended to read:

Sec. OO-8. 12 MRSA §11155, sub-§1-B,  as enacted by PL 2005, c. 12, Pt. III, §11, is repealed and the following enacted in its place:

Sec. OO-9. 12 MRSA §12201, sub-§6, ¶C,  as amended by PL 2005, c. 12, Pt. III, §23, is further amended to read:

Sec. OO-10. 12 MRSA §12301-A, sub-§3, ¶C,  as enacted by PL 2003, c. 655, Pt. B, §226 and affected by §422, is amended to read:

Sec. OO-11. 12 MRSA §12501, sub-§6,  as amended by PL 2005, c. 12, Pt. III, §24, is further amended to read:

Sec. OO-12. 12 MRSA §12912, sub-§1, ¶A,  as enacted by PL 2003, c. 655, Pt. B, §336 and affected by §422, is amended to read:

Sec. OO-13. 12 MRSA §13056, sub-§1-A, ¶B,  as enacted by PL 2003, c. 655, Pt. B, §361 and affected by §422, is amended to read:

Sec. OO-14. 12 MRSA §13056, sub-§8, ¶A,  as amended by PL 2007, c. 44, §2, is further amended to read:

Sec. OO-15. 12 MRSA §13056, sub-§8, ¶B,  as amended by PL 2007, c. 44, §3, is further amended to read:

Sec. OO-16. 12 MRSA §13058, sub-§1,  as amended by PL 2007, c. 44, §4, is repealed and the following enacted in its place:

Sec. OO-17. 12 MRSA §13058, sub-§3,  as amended by PL 2007, c. 44, §5, is further amended to read:

Sec. OO-18. 12 MRSA §13104, sub-§1, ¶F,  as enacted by PL 2003, c. 655, Pt. B, §386 and affected by §422, is amended to read:

Sec. OO-19. 12 MRSA §13104, sub-§3,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

Sec. OO-20. 12 MRSA §13104, sub-§4, ¶B,  as amended by PL 2007, c. 556, §3, is further amended to read:

Sec. OO-21. 12 MRSA §13155, sub-§1-A, ¶B,  as enacted by PL 2003, c. 655, Pt. B, §406 and affected by §422, is amended to read:

PART PP

Sec. PP-1. Reporting on the Katie Beckett option. The Department of Health and Human Services and the Department of Education shall work together to determine whether to adopt criteria for enrollment of children under the Katie Beckett option for MaineCare eligibility to establish 2 standards for enrollment: one standard being for children who would, if not for enrollment under the Katie Beckett option, be hospitalized in psychiatric hospitals and one standard being for children who would, if not for enrollment under the Katie Beckett option, be residents in children's private nonmedical institutions. By January 1, 2010, the departments shall report to the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Education and Cultural Affairs regarding their progress in determining whether to adopt criteria for enrollment under the Katie Beckett option for MaineCare eligibility.

PART QQ

Sec. QQ-1. 4 MRSA §1,  as amended by PL 1975, c. 623, §3-A, is further amended to read:

§ 1. Constitution of the court; administrative responsibilities of the court and the Chief Justice

The Supreme Judicial Court, as heretofore established, shall consist consists of a Chief Justice and 6 associate justices and such Active Retired Justices as may be appointed and serving on said court, learned in the law and of sobriety of manners.

The Chief Justice shall be is the head of the Judicial Department judicial branch of the State. In the event of his the Chief Justice's disability for any cause, the senior associate, not under disability, shall perform any and all of his the duties of the Chief Justice.

The Supreme Judicial Court shall have has general administrative and supervisory authority over the Judicial Department judicial branch and shall make and promulgate rules, regulations and orders governing the administration of the Judicial Department judicial branch.

The Chief Justice, as head of the judicial branch, shall prepare the budget for the judicial branch. The Chief Justice may approve financial orders for transfers within the judicial branch. The Chief Justice shall provide a copy of each approved financial order to the Department of Administrative and Financial Services, Bureau of the Budget and the Office of Fiscal and Program Review.

The Chief Justice, as the head of the Judicial Department judicial branch, shall, in accordance with the rules, regulations and orders of the Supreme Judicial Court, be responsible for the efficient operation of the Judicial Department judicial branch and for the expeditious dispatch of litigation therein and for the proper conduct of business in all courts. The Chief Justice may require reports from all courts in the State and may issue orders and regulations necessary for the efficient operation of the Judicial Department judicial branch and the prompt and proper administration of justice.

Sec. QQ-2. 4 MRSA §28  is enacted to read:

§ 28.  Additional fee revenue dedicated

The judicial branch may credit up to $300,000 per fiscal year of fee revenue collected pursuant to administrative orders of the court to a nonlapsing Other Special Revenue Funds account to support the capital expenses of the judicial branch.

Sec. QQ-3. 5 MRSA §1591, sub-§3  is enacted to read:

Sec. QQ-4. 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 Chief Justice of the Supreme Judicial Court.

Sec. QQ-5. Transfer authorized; judicial branch. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, for the fiscal years ending June 30, 2010 and June 30, 2011, the State Court Administrator is authorized to transfer, by financial order upon the approval of the Chief Justice of the Supreme Judicial Court, identified Personal Services savings to the All Other line category in the Courts - Supreme, Superior and District, General Fund account. The State Court Administrator must ensure when making any transfer under this section that all financial commitments have been met in Personal Services after assuming all costs for that program including collective bargaining costs.

Sec. QQ-6. Judicial branch fees. The judicial branch shall increase court fees by at least $300,000 annually above the revenue forecast for the judicial branch of the Revenue Forecasting Committee as of May 1, 2009.

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 $1,000,000 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 to fulfill strategic and operational objectives as expressed in a memorandum of agreement with each agency. An annual reconciliation of actual services rendered against budgeted amounts will be performed. Notwithstanding any other provision of law, the State Budget Officer shall transfer position counts and available balances where allowable 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. The State Budget Officer shall report to the Joint Standing Committee on Appropriations and Financial Affairs the transferred amounts no later than January 15, 2010.

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 this Part.

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Reduces funding to recognize savings resulting from efficiencies gained by the consolidation of funding, resource management of information technology and services and lease purchase of new application development.

GENERAL FUND	2009-10	2010-11
Unallocated	($3,689,350)	($3,689,350)
GENERAL FUND TOTAL	($3,689,350)	($3,689,350)

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 this Part 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. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred amounts not later than January 15, 2010.

Sec. UU-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 for the purchase of supplies as a result of improvements in contracting with vendors and the use of procurement cards.

GENERAL FUND	2009-10	2010-11
All Other	($237,843)	($247,260)
GENERAL FUND TOTAL	($237,843)	($247,260)

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.

PART WW

Sec. WW-1. 5 MRSA §1677,  as enacted by PL 2003, c. 712, §1, is repealed.

PART XX

Sec. XX-1. 20-A MRSA §3253-A, sub-§3-A,  as amended by PL 2005, c. 635, §2, is repealed.

PART YY

Sec. YY-1. 20-A MRSA §6910,  as enacted by PL 1993, c. 348, §1, is amended to read:

§ 6910. Annual report

The corporation shall provide an annual report of its activities to the Governor; to the joint standing committees of the Legislature having jurisdiction over education and labor and skills training matters; to the commissioner; and to the schools participating in the program. The corporation is subject to any audit and review determined necessary by the Governor or the Legislative Council shall provide an annual financial audit conducted by an independent auditor to the Governor; to the joint standing committees of the Legislature having jurisdiction over education and labor and skills training matters; and to the commissioner at the expense of the State.

PART ZZ

Sec. ZZ-1. 20-A MRSA §7407, sub-§19,  as amended by PL 1999, c. 775, §11, is further amended to read:

PART AAA

Sec. AAA-1. 20-A MRSA §9703, sub-§5,  as amended by PL 2005, c. 683, Pt. A, §27, is further amended to read:

Sec. AAA-2. 20-A MRSA §15689, sub-§5, ¶A,  as enacted by PL 2005, c. 2, Pt. D, §60 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:

PART BBB

Sec. BBB-1. 5 MRSA §11,  as amended by PL 1991, c. 824, Pt. A, §3 and corrected by RR 2001, c. 2, Pt. A, §3, is further amended to read:

§ 11. Certification of payrolls

No A fiscal officer of the State may not draw, sign or issue, or authorize the drawing, signing or issuing, of any warrant or check upon the Treasurer of State or other disbursing officer of the State for the payment of a salary or other compensation for personal services, nor may the Treasurer of State or other disbursing officer of the State pay any salary or other compensation for personal services in the Executive or Legislative Departments, unless a payroll or account for such salary or other compensation, containing the names of all persons to be paid and the amounts to be paid them, has been certified by the Director of Human Resources State Controller or a person designated by him the State Controller. In the case of all unclassified employees, certification shall must be by their appointing authority.

Any payment made in violation of the compensation plan or the rules pertaining thereto or made to a person appointed or established in a position in a manner contrary to chapters 56 56-A, 65, 67, 71 and 372 may be recovered from the appointing authority , or the Director of Human Resources or any officer or person making such payment State Controller, whoever is culpable, or from the sureties on the official bond of such officer or person. Action for recovery may be maintained by the State Civil Service Appeals Board or any member thereof, any officer or employee of the state service or any citizen of the State. All money recovered under this section must be paid into the State Treasury and credited to the General Fund.

PART CCC

Sec. CCC-1. Transfer from Other Special Revenue Funds to unappropriated surplus of the General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $16,000,000 in fiscal year 2009-10 from Other Special Revenue Funds to the unappropriated surplus of the General Fund no later than June 30, 2010. On July 1, 2010, the State Controller shall transfer $16,000,000 from the General Fund unappropriated surplus along with interest to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance to be repaid with interest compounded annually at the earnings rate within the Treasurer of State's cash pool on the date of the advance.

PART DDD

Sec. DDD-1. Rename Food Stamps Administration program. Notwithstanding any other provision of law, the Food Stamps Administration program in the Department of Health and Human Services is renamed the Food Supplement Administration program.

Sec. DDD-2. Rename Multicultural Services, Rate Setting and Quality Improvement program. Notwithstanding any other provision of law, the Multicultural Services, Rate Setting and Quality Improvement program in the Department of Health and Human Services is renamed the Multicultural Services program.

PART EEE

Sec. EEE-1. Interim process for reorganized school administrative units. For school year 2009-2010, for the purposes of applied technology education at vocational centers and career and technical education regions specified in the Maine Revised Statutes, Title 20-A, chapter 313, the following must be implemented.

1. For those school administrative units that have reorganized pursuant to Public Law 2007, chapter 240, Part XXXX as amended by Public Law 2007, chapter 668, all vocational and technical students shall attend the vocational center or career and technical education region that they would have attended as a resident student of the original school administrative unit.

2. For those school administrative units that have reorganized pursuant to Public Law 2007, chapter 240, Part XXXX as amended by Public Law 2007, chapter 668, the successor unit acts in place of the school administrative unit identified in Title 20-A, chapter 313 for the purposes of the duties and obligations specified in Title 20-A, chapter 313, subchapters 3 and 4.

PART FFF

Sec. FFF-1. Payment of employer charges for teachers. Notwithstanding the Maine Revised Statutes, Title 5, section 17154, subsection 6, paragraph B, funds for teacher salaries that are provided under the State Fiscal Stabilization Fund of the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5, Title XIV, Sections 14001 to 14013 as part of the amount restored to a school administrative unit’s fiscal years 2008-09, 2009-10 and 2010-11 share of general purpose aid for local schools as determined under Title 20-A, chapter 606-B are considered state funds for purposes of Title 5, section 17154.

PART GGG

Sec. GGG-1. 4 MRSA §1057, sub-§3-A,  as enacted by PL 2007, c. 653, Pt. A, §2, is amended to read:

Sec. GGG-2. 34-A MRSA §1801, first ¶,  as enacted by PL 2007, c. 653, Pt. A, §30, is amended to read:

The State Board of Corrections, referred to in this subchapter as "the board," is established by Title 5, section 12004-G, subsection 6-C. The State Board of Corrections is an autonomous body.

Sec. GGG-3. 34-A MRSA §1803, sub-§5, ¶D,  as enacted by PL 2007, c. 653, Pt. A, §30, is amended to read:

Sec. GGG-4. 34-A MRSA §1803, sub-§5, ¶E,  as enacted by PL 2007, c. 653, Pt. A, §30, is amended to read:

Sec. GGG-5. 34-A MRSA §1805,  as enacted by PL 2007, c. 653, Pt. A, §30, is amended to read:

§ 1805. State Board of Corrections Investment Fund program

Sec. GGG-6. 34-A MRSA §1806, sub-§7,  as enacted by PL 2007, c. 653, Pt. A, §30, is amended to read:

Sec. GGG-7. Effective date. This Part takes effect July 1, 2009.

PART HHH

Sec. HHH-1. 5 MRSA §1591, sub-§3  is enacted to read:

Sec. HHH-2. Carrying balance; Department of Corrections, State Board of Corrections Investment Fund, General Fund account. Notwithstanding any other provision of law, any balance in the Department of Corrections, State Board of Corrections Investment Fund, General Fund account remaining on June 30, 2009 may not lapse but must be carried forward to June 30, 2010. Any General Fund balance in the Department of Corrections, State Board of Corrections Investment Fund, General Fund account must be transferred to the State Board of Corrections Investment Fund program within the State Board of Corrections by June 30, 2010.

Sec. HHH-3. Effective date. This Part takes effect June 30, 2009.

PART III

Sec. III-1. Transfer from Employment Rehabilitation Fund. Notwithstanding the Maine Revised Statutes, Title 39-A, section 355, subsection 1, the Workers' Compensation Board shall transfer $1,188,207 from the Employment Rehabilitation Fund to the Workers' Compensation Board Administrative Fund on July 1, 2009 and shall reduce the fiscal year 2009-10 assessment by the same amount.

Sec. III-2. Transfer from Employment Rehabilitation Fund. Notwithstanding the Maine Revised Statutes, Title 39-A, section 355, subsection 1, the Workers' Compensation Board shall transfer $1,188,207 from the Employment Rehabilitation Fund to the Workers' Compensation Board Administrative Fund on July 1, 2010 and shall reduce the fiscal year 2010-11 assessment by the same amount.

PART JJJ

Sec. JJJ-1. 26 MRSA §2031, sub-§8,  as amended by PL 2007, c. 539, Pt. RRR, §1, is further amended to read:

Sec. JJJ-2. Report. The Department of Labor shall issue a report to the Joint Standing Committee on Labor, the Joint Standing Committee on Business, Research and Economic Development and the Joint Standing Committee on Appropriations and Financial Affairs by January 11, 2010 with recommendations regarding possible targeting of limited funds to employers based upon the number of employees and by industry sectors pursuant to the Maine Revised Statutes, Title 26, section 2031, subsection 8.

PART KKK

Sec. KKK-1. 10 MRSA §1020, sub-§1, ¶F,  as enacted by PL 2007, c. 618, §7, is amended to read:

Sec. KKK-2. 10 MRSA §1020, sub-§6-A,  as enacted by PL 2007, c. 618, §11, is amended to read:

Sec. KKK-3. 10 MRSA §1020-B  is enacted to read:

§ 1020-B.  Status reports

The following reports related to the waste motor oil disposal site remediation program under section 1020-A must be submitted to the joint standing committee of the Legislature having jurisdiction over natural resources matters.

Sec. KKK-4. PL 2007, c. 464, §10  is repealed.

PART LLL

Sec. LLL-1. Calculation and transfer of savings from elimination of positions in the Department of Corrections. Notwithstanding any provision of law, the State Budget Officer is authorized to calculate the General Fund savings generated through the elimination of 5 positions within the Department of Corrections in section 2 of this Part that apply against each General Fund account and shall transfer the amounts by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations and position counts in fiscal year 2010-11. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Criminal Justice and Public Safety a report of the transferred amounts no later than January 15, 2011.

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

CORRECTIONS, DEPARTMENT OF

Departmentwide - Corrections N068

Initiative: Deappropriates funds from the elimination of 5 positions.

GENERAL FUND	2009-10	2010-11
POSITIONS - LEGISLATIVE COUNT	0.000	(5.000)
Personal Services	$0	($262,460)
GENERAL FUND TOTAL	$0	($262,460)

PART MMM

Sec. MMM-1. Transfer; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer $51,455,943 from the Maine Budget Stabilization Fund in the Department of Administrative and Financial Services to General Fund unappropriated surplus by the close of fiscal year 2008-09 and shall transfer $24,000,000 by the close of fiscal year 2009-10 to offset a General Fund revenue shortfall.

PART NNN

Sec. NNN-1. Transfer; Operating Capital. Notwithstanding any other provision of law, the State Controller shall transfer $40,615,146 from the Reserve for General Fund Operating Capital, Department of Administrative and Financial Services to General Fund unappropriated surplus by the close of fiscal year 2008-09 to offset a General Fund revenue shortfall.

PART OOO

Sec. OOO-1. 5 MRSA §1507, first ¶,  as amended by PL 1993, c. 410, Pt. QQQ, §1, is further amended to read:

The Governor may allocate from the State Contingent Account amounts not to exceed in total the sum of $2,350,000 $4,350,000. The Governor may allocate from such account amounts not to exceed in total the sum of $300,000 in any fiscal year in accordance with the purposes specified in subsections 1, 2, 3, 4 and 4-A, an amount not to exceed $1,000,000 in accordance with the purposes specified in subsection 5-A and , an amount not to exceed $1,000,000 in accordance with the purposes specified in subsection 5-B and an amount not to exceed $2,000,000 in accordance with the purposes specified in subsection 5-C.

Sec. OOO-2. 5 MRSA §1507, sub-§5-C  is enacted to read:

Sec. OOO-3. 5 MRSA §1507, 3rd ¶,  as enacted by PL 1995, c. 464, §2 and affected by §18, is amended to read:

After the close of each fiscal year, the Governor may request a General Fund appropriation from the next session of the Legislature in an amount as may be available to bring the total available in the State Contingent Account to a maximum of $2,350,000 $4,350,000 for the current fiscal year.

Sec. OOO-4. Transfer from General Fund unappropriated surplus; State Contingent Account. Notwithstanding any other provision of law, the State Controller shall transfer $2,000,000 by June 30, 2009 from General Fund unappropriated surplus to the State Contingent Account. Transfers made in accordance with this section will not preclude additional transfers to be made to the State Contingent Account in accordance with the Maine Revised Statutes, Title 5, section 1507 at the close of fiscal year 2008-09.

PART PPP

Sec. PPP-1. 36 MRSA c. 914-B  is enacted to read:

CHAPTER 914-B

2009 TAX RECEIVABLES REDUCTION INITIATIVE

§ 6591.  2009 Tax Receivables Reduction Initiative established

There is established the 2009 Tax Receivables Reduction Initiative, referred to in this chapter as "the initiative." The initiative is intended to encourage delinquent taxpayers to pay existing tax obligations. The goal of the initiative is to raise revenue during fiscal year 2009-10 and to reduce the increasing tax receivables.

§ 6592.  Administration

The State Tax Assessor shall administer the initiative. The initiative applies to tax liabilities that are assessed as of September 1, 2009. A taxpayer may participate in the initiative without regard to whether the amount due is subject to a pending administrative or judicial proceeding. Participation in the initiative is conditioned upon the taxpayer's agreement to forgo or to withdraw a protest or an administrative or judicial proceeding with regard to liabilities paid under the tax initiative and not to claim a refund of money paid under the initiative. This initiative is available to a taxpayer if the taxpayer:

§ 6593.  Undisclosed liabilities

This chapter may not be construed to prohibit the assessor from instituting civil or criminal proceedings against any taxpayer with respect to any amount of tax that is not paid with the 2009 tax initiative application described in section 6595 or on any other return filed with the assessor.

§ 6594.  Initiative period

The time period during which a 2009 tax initiative application described in section 6595 may be filed is September 1, 2009 to November 30, 2009.

§ 6595.  Initiative application

The assessor shall prepare and make available the 2009 tax initiative application. The application and associated guidelines prepared by the assessor, which govern participation in the initiative, are exempt from the Maine Administrative Procedure Act. The application requires the approval of the assessor and must include the amount of tax, interest and penalty to be paid and the periods to which the liability applies. The assessor may deny any applications not consistent with the initiative. Participation in the initiative qualifies the taxpayer to a waiver by the assessor of 90% of the penalties otherwise due.

PART QQQ

Sec. QQQ-1. Initiative continued. The Joint Standing Committee on Appropriations and Financial Affairs, referred to in this Part as "the committee," shall continue the effort to streamline State Government enacted by Public Law 2007, chapter 240, Part QQQ, referred to in this Part as "the initiative."

Sec. QQQ-2. Duties. The committee, as part of the initiative, shall conduct its research and prepare recommendations on streamlining state government programs and service delivery by reviewing, at a minimum, the following:

1. Current organizational structures and alignment of functions to ensure streamlined and integrated administration and services;

2. Boards, commissions, councils, advisory councils and any other entities established by state law to determine the continuing need for their existence or current configuration as measured against their operating costs;

3. Provision of financial management and human resource services, benefits and related functions to recommend improvements in organizational efficiency and cost-effectiveness;

4. The past 2 decades of studies and proposals that evaluated or sought to alter programs and service delivery of the executive, judicial and legislative branches and of other entities established by state law to prioritize and improve government services;

5. The portion, if any, of the employer’s share of teacher retirement costs, including the normal cost component and the unfunded actuarial liability that is currently funded by the State, to be included as part of the total state and local cost of essential programs and services and the portion to be funded through the Teacher Retirement program within the Department of Education; and

6. The underlying causes of structural differences between available budgeted resources and state expenditures.

The initiative must achieve a targeted spending reduction of a minimum of $30,000,000 in the 2010-2011 biennium that will have ongoing structural savings in future biennia. The committee may establish subcommittees and draw on experts inside and outside of State Government.

Sec. QQQ-3. Staff assistance. The Office of Fiscal and Program Review shall staff the committee. The committee may request additional staff assistance from the Legislative Council. The committee may request that the Legislative Council contract for additional staff to direct the initiative and hire expert staff as it determines necessary within its budgeted resources. The Department of Administrative and Financial Services; the Executive Department, State Planning Office; and the Office of Program Evaluation and Government Accountability may also provide assistance to the committee.

Sec. QQQ-4. Compensation. Members of the committee are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the committee.

Sec. QQQ-5. Report. The committee shall submit a report of its findings and recommendations to the Legislative Council no later than January 6, 2010. The committee is authorized to submit legislation to the Second Regular Session of the 124th Legislature.

Sec. QQQ-6. Commissioner actions. If the committee fails to identify at least $30,000,000 in savings through legislation submitted to and enacted by the Second Regular Session of the 124th Legislature, the Commissioner of Administrative and Financial Services shall distribute the undistributed savings through the process of curtailing allotments established in the Maine Revised Statutes, Title 5, section 1667. The State Budget Officer shall determine amounts in section 8 to be distributed by financial order upon approval of the Governor.

Sec. QQQ-7. Committee budget. The chairs of the committee, with assistance from the committee staff and the Executive Director of the Legislative Council, shall administer the committee's budget, which must be approved by the Legislative Council. The committee may not incur expenses that would result in the committee's exceeding its approved budget. Upon request from the committee, the Executive Director of the Legislative Council shall promptly provide the committee chairs and staff with a status report on the committee budget, expenditures incurred and paid and available funds.

Sec. QQQ-8. 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 savings to be realized by the continuation of the initiative to streamline State Government of the Joint Standing Committee on Appropriations and Financial Affairs.

GENERAL FUND	2009-10	2010-11
Unallocated	$0	($30,000,000)
GENERAL FUND TOTAL	$0	($30,000,000)

PART RRR

Sec. RRR-1. Transfer from Other Special Revenue Funds accounts. The State Controller shall transfer to General Fund unappropriated surplus the following amounts from the departments and accounts listed based on available Personal Services line category allocations as a result of the savings initiatives in this Act:

1. From the Department of Agriculture, Food and Rural Resources, Maine Milk Commission, Other Special Revenue Funds account, $11,753 no later than June 30, 2010 and $12,220 no later than June 30, 2011;

2. From the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control, Other Special Revenue Funds account, $54,183 no later than June 30, 2010 and $55,575 no later than June 30, 2011;

3. From the Department of Audit, Statewide Single Audit - Set Aside, Other Special Revenue Funds account, $77,723 no later than June 30, 2010 and $79,928 no later than June 30, 2011;

4. From the Department of Conservation, ATV Recreational Management Fund, Other Special Revenue Funds account, $10,866 no later than June 30, 2010 and $11,013 no later than June 30, 2011;

5. From the Department of Conservation, Boating Facilities Fund, Other Special Revenue Funds account, $42,115 no later than June 30, 2010 and $42,991 no later than June 30, 2011;

6. From the Department of Conservation, Maine State Parks and Recreational Facilities Development Fund, Other Special Revenue Funds account, $22,763 no later than June 30, 2010 and $23,548 no later than June 30, 2011;

7. From the Department of Conservation, Snowmobile Trail Fund, Other Special Revenue Funds account, $19,124 no later than June 30, 2010 and $19,493 no later than June 30, 2011;

8. From the Department of Economic and Community Development, Tourism Marketing Promotion Fund, Other Special Revenue Funds account, $34,525 no later than June 30, 2010 and $35,293 no later than June 30, 2011;

9. From the Department of Environmental Protection, Maine Coastal and Inland Surface Oil Clean-up Fund, Other Special Revenue Funds account, $133,234 no later than June 30, 2010 and $136,408 no later than June 30, 2011;

10. From the Commission on Governmental Ethics and Election Practices, Maine Clean Election Fund, Other Special Revenue Funds account, $18,942 no later than June 30, 2010 and $21,933 no later than June 30, 2011;

11. From the Public Utilities Commission, Office of the Public Advocate, Public Advocate Regulatory Fund, Other Special Revenue Funds account, $56,924 no later than June 30, 2010 and $57,780 no later than June 30, 2011;

12. From the Executive Department, State Planning Office, State Planning Office Solid Waste Management Fund, Other Special Revenue Funds account, $22,532 no later than June 30, 2010 and $23,161 no later than June 30, 2011;

13. From the Maine Health Data Organization, Maine Health Data Organization, Other Special Revenue Funds account, $26,403 no later than June 30, 2010 and $26,824 no later than June 30, 2011;

14. From the Department of Marine Resources, Division of Community Resource Development program Shellfish Fund, Other Special Revenue Funds account, $12,553 no later than June 30, 2010 and $13,109 no later than June 30, 2011;

15. From the Department of Marine Resources, Lobster Management - Administration, Other Special Revenue Funds account, $15,235 no later than June 30, 2010 and $15,795 no later than June 30, 2011;

16. From the Department of Marine Resources, Lobster Management Fund, Other Special Revenue Funds account, $20,145 no later than June 30, 2010 and $20,721 no later than June 30, 2011;

17. From the Department of Marine Resources, Marine Fisheries Research and Development Fund, Other Special Revenue Funds account, $34,592 no later than June 30, 2010 and $35,835 no later than June 30, 2011;

18. From the Department of Marine Resources, Watercraft Fund, Other Special Revenue Funds account, $18,261 no later than June 30, 2010 and $19,054 no later than June 30, 2011;

19. From the Department of Professional and Financial Regulation, Administrative Services Division, Other Special Revenue Funds account, $23,548 no later than June 30, 2010 and $24,559 no later than June 30, 2011;

20. From the Department of Professional and Financial Regulation, Licensing and Enforcement Division, Other Special Revenue Funds account, $216,276 no later than June 30, 2010 and $222,289 no later than June 30, 2011;

21. From the Department of Professional and Financial Regulation, Board of Licensure in Medicine, Other Special Revenue Funds account, $43,991 no later than June 30, 2010 and $45,205 no later than June 30, 2011;

22. From the Department of Professional and Financial Regulation, Office of Securities, Other Special Revenue Funds account, $47,748 no later than June 30, 2010 and $49,416 no later than June 30, 2011;

23. From the Department of Professional and Financial Regulation, State Board of Nursing, Other Special Revenue Funds account, $31,934 no later than June 30, 2010 and $32,902 no later than June 30, 2011;

24. From the Department of Public Safety, Licensing and Enforcement - Public Safety program, Other Special Revenue Funds account, $33,359 no later than June 30, 2010 and $34,241 no later than June 30, 2011;

25. From the Department of Public Safety, Maine Criminal Justice Academy, Other Special Revenue Funds account, $40,144 no later than June 30, 2010 and $41,063 no later than June 30, 2011;

26. From the Public Utilities Commission, Conservation Administration Fund, Other Special Revenue Funds account, $43,802 no later than June 30, 2010 and $46,073 no later than June 30, 2011;

27. From the Public Utilities Commission, Emergency Services Communication Bureau, Other Special Revenue Funds account, $23,348 no later than June 30, 2010 and $23,836 no later than June 30, 2011;

28. From the Public Utilities Commission, Public Utilities Commission Regulatory Fund, Other Special Revenue Funds account, $297,759 no later than June 30, 2010 and $311,195 no later than June 30, 2011; and

29. From the Workers’ Compensation Board, Workers' Compensation Board Administrative Fund, Other Special Revenue Funds account, $428,740 no later than June 30, 2011.

PART SSS

Sec. SSS-1. 5 MRSA §17001, sub-§4, ¶A,  as amended by PL 2003, c. 486, §3, is further amended to read:

Sec. SSS-2. 5 MRSA §17704-B,  as enacted by PL 2003, c. 486, §4, is amended to read:

§ 17704-B. Back contributions for certain days off without pay

Sec. SSS-3. State Government closure. Notwithstanding any other provision of law and excepting those operations determined to be exempt by the nature of the services provided as established by the Commissioner of Administrative and Financial Services, all executive branch state departments, agencies and offices must be closed for 10 days in fiscal year 2009-10 and 10 days in fiscal year 2010-11 as determined by the Governor and referred to as "State Government closure days." There may be no more than one day of closure per month and no more than one day of closure falling within any single employee payroll cycle.

Any employee who is not required to work on State Government closure days must take the days off without pay. Employee leave with pay or unpaid leave pursuant to a voluntary employee incentive program is not allowed for those days designated as State Government closure days. The provisions of this section do not apply to an employee who is required to work because an operation is determined to be exempt pursuant to this section.

Sec. SSS-4. Merit increases and longevity payments. Notwithstanding the Maine Revised Statutes, Title 26, section 979-D or section 1285 or any other provision of law, any merit increase or longevity payment, regardless of funding source, scheduled to be awarded or paid between July 1, 2009 and June 30, 2011 to any person employed by the departments and agencies within the executive and judicial branches, including the constitutional officers and the Department of Audit, may not be awarded, authorized or implemented. These savings may be replaced by other Personal Services savings by agreement of the State and the bargaining agents representing state employees.

Sec. SSS-5. Personal Services adjustments for the 2010-2011 biennium; legislative branch. Notwithstanding the State Employees Labor Relations Act or any other provision of law, the Personal Services expenditures for the legislative branch must be adjusted to achieve Personal Services savings in a manner determined by the Legislative Council including implementation of office closures and suspension of merit or step increases and longevity stipends for the 2010-2011 biennium.

Sec. SSS-6. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings identified in the Statewide - Shut Down account within the Department of Administrative and Financial Services in section 8 of this Part that applies against each General Fund account for all executive branch 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 year 2009-10 and fiscal year 2010-11.

Sec. SSS-7. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 8 of this Part that applies against each General Fund account for all departments and agencies from savings associated with eliminating merit pay increases and longevity payments and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2009-10 and fiscal year 2010-11. The State Budget Officer shall provide a report of the transferred amounts to the Joint Standing Committee on Appropriations and Financial Affairs no later than October 1, 2009.

Sec. SSS-8. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Deappropriates funds from savings related to 10 state shutdown days in fiscal year 2009-10 and again in fiscal year 2010-11.

GENERAL FUND	2009-10	2010-11
Personal Services	($6,410,000)	($6,410,000)
GENERAL FUND TOTAL	($6,410,000)	($6,410,000)

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Deappropriates funds from eliminating merit pay increases during the 2010-2011 biennium.

GENERAL FUND	2009-10	2010-11
Personal Services	($3,151,944)	($6,303,888)
GENERAL FUND TOTAL	($3,151,944)	($6,303,888)

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Deappropriates funds from eliminating longevity payments during the 2010-2011 biennium.

GENERAL FUND	2009-10	2010-11
Personal Services	($1,685,067)	($1,738,792)
GENERAL FUND TOTAL	($1,685,067)	($1,738,792)

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS	2009-10	2010-11
GENERAL FUND	($11,247,011)	($14,452,680)
DEPARTMENT TOTAL - ALL FUNDS	($11,247,011)	($14,452,680)

PART TTT

Sec. TTT-1. Cap on transfers for the dairy stabilization program and the Maine milk income loss contract in fiscal year 2008-09. Notwithstanding the Maine Revised Statutes, Title 7, section 3153-D, in fiscal year 2008-09, the administrator of the Maine Milk Pool may not certify any amount to be transferred from the General Fund for distributions under Title 7, sections 3153-B and 3153-C that would bring the total amount transferred in fiscal year 2008-09 above $11,811,000.

Notwithstanding Title 7, sections 3153-B and 3153-C, in fiscal year 2008-09, the administrator of the Maine Milk Pool may not distribute payments for dairy stabilization support and payments under the Maine milk income loss contract that in the aggregate exceed $11,811,000.

Sec. TTT-2. Cap on transfers for the dairy stabilization program in fiscal years 2009-10 and 2010-11. Notwithstanding the Maine Revised Statutes, Title 7, section 3153-D, in fiscal years 2009-10 and 2010-11, the administrator of the Maine Milk Pool may not certify any amount to be transferred from the General Fund for distributions under Title 7, section 3153-B that would bring the total amount transferred in fiscal years 2009-10 and 2010-11 above $13,349,600.

Notwithstanding Title 7, section 3153-B, in fiscal years 2009-10 and 2010-11, the administrator of the Maine Milk Pool may not distribute payments for dairy stabilization support that in the aggregate exceed $13,349,600.

Sec. TTT-3. Cap on transfers for the dairy stabilization program for milk produced in the first 5 months of fiscal year 2010. Notwithstanding the Maine Revised Statutes, Title 7, section 3153-D, the administrator of the Maine Milk Pool may not certify any amount in excess of $9,000,000 to be transferred from the General Fund for distributions under Title 7, section 3153-B on milk produced from July 1, 2009 to November 30, 2009.

Notwithstanding Title 7, section 3153-B, the administrator of the Maine Milk Pool may not distribute payments for dairy stabilization support that in the aggregate exceed $9,000,000 for milk produced from July 1, 2009 to November 30, 2009.

Sec. TTT-4. Conditional loss of payment under the dairy stabilization program for milk produced in December 2009. If the $9,000,000 cap established in section 3 is reached, notwithstanding the Maine Revised Statutes, Title 7, section 3153-D, the administrator of the Maine Milk Pool may not certify any amount to be transferred from the General Fund for distributions under Title 7, section 3153-B on milk produced in December 2009.

Notwithstanding Title 7, section 3153-B, the administrator of the Maine Milk Pool may not distribute payments for dairy stabilization support on milk produced in December 2009.

Sec. TTT-5. Administrator authorized to make monthly adjustments. During the period from January 1, 2010 to June 30, 2010, the administrator of the Maine Milk Pool shall monitor milk price projections and each month calculate the amounts to be paid out under the dairy stabilization program for the remaining months of the fiscal year based on these projections. The administrator may adjust the amount requested and the amount distributed in any month during this period based on the most recent projections and calculations. The administrator may reduce payments only if projections indicate that the total distributions under the stabilization program will exceed $13,349,600 in fiscal year 2009-10. The administrator may increase payments to compensate producers for payment reductions in previous months if projections indicate that the total distributions under the stabilization program will be less than $13,349,600 in fiscal year 2009-10. For any month in which an adjustment is made, the adjustments must be made by multiplying the target price for each tier by the same percent.

Sec. TTT-6. Suspension of payments under the Maine milk income loss contract. Notwithstanding the Maine Revised Statutes, Title 7, section 3153-D, in fiscal years 2009-10 and 2010-11, the administrator of the Maine Milk Pool may not certify any amount to be transferred from the General Fund for distributions under Title 7, section 3153-C.

Notwithstanding Title 7, section 3153-C, in fiscal years 2009-10 and 2010-11, the administrator of the Maine Milk Pool may not make any distributions under the Maine milk income loss contract.

Sec. TTT-7. Maine Milk Commission authorized to establish 4 tiers of production. Notwithstanding the Maine Revised Statutes, Title 7, section 3153-B, subsection 3 and Public Law 2007, chapter 240, Part OOO, the Maine Milk Commission may establish 4 tiers of production, each representing a range of annual production, and a target price for each tier.

Sec. TTT-8. Task Force on the Sustainability of the Dairy Industry in Maine established. The Task Force on the Sustainability of the Dairy Industry in Maine, referred to in this section as "the task force," is established to examine the current problems confronting the dairy industry and develop recommendations on how best to reduce the vulnerability of the dairy industry to economic forces within and outside the State.

1. Duties. As a starting point, the task force shall review the Final Report of the Recommendations of the Governor’s Task Force on the Sustainability of the Dairy Industry in Maine dated November 18, 2003 and the report of the ad hoc committee of dairy industry representatives assembled by Commissioner Bradstreet dated January 2007. The task force shall discuss the recommendations in the 2003 report, determine which recommendations have been implemented, evaluate the success of the recommendations implemented in meeting the goals stated in the 2003 report and decide if recommendations not implemented warrant further attention. The task force shall closely examine:

2. Membership. The task force has 19 members appointed as follows. The President of the Senate shall appoint 2 members of the Senate, one of whom is a member of the minority party. The Speaker of the House shall appoint 2 members of the House, one of whom is a member of the minority party. These members serve at the pleasure of their respective appointers. The Governor shall appoint the following members, who serve at the pleasure of the Governor:

3. Chair. The Governor and the Commissioner of Agriculture, Food and Rural Resources shall designate the chair of the task force.

4. Meetings; termination. The task force shall meet as necessary to complete the assigned duties. All meetings are open to the public and held at locations determined by the task force. The task force shall disband upon completion of its duties or on November 27, 2009, whichever comes sooner.

5. Staffing and funding. The Department of Agriculture, Food and Rural Resources shall provide staff support to the task force from existing resources. The Commissioner of Agriculture, Food and Rural Resources may use contributions of money, services and supplies accepted under existing authority to support the work of the task force.

6. Compensation. Members do not receive compensation for their time, travel or other expenses unless funding is available to the Commissioner of Agriculture, Food and Rural Resources for reimbursing such expenses. Legislators do not receive legislative per diem.

7. Report. The task force shall submit its report to the Governor and the Joint Standing Committee on Agriculture, Conservation and Forestry no later than November 27, 2009. The report must include recommendations for long-term stability within the dairy industry and recommendations for immediate implementation as needed to preserve the State's farms and local milk supply.

Sec. TTT-9. Authority to submit legislation. The Joint Standing Committee on Agriculture, Conservation and Forestry may submit legislation pertaining to the State's dairy industry to the Second Regular Session of the 124th Legislature.

PART UUU

Sec. UUU-1. Carrying provision; Office of Treasurer of State, Debt Service, General Fund account. Notwithstanding any other provision of law, the State Controller shall carry forward any unexpended debt service funds in the Office of Treasurer of State, Debt Service, General Fund account on June 30, 2009 and June 30, 2010 to be used for their intended purpose by June 30, 2011. The unexpended fund balance that is expected to carry forward on June 30, 2009 to fiscal year 2009-10 is $6,393,322.

PART VVV

Sec. VVV-1. Legislative allocation of funds; federal American Recovery and Reinvestment Act of 2009. Notwithstanding the Maine Revised Statutes, Title 5, section 1582 or any other provision of law, a state department, an independent agency, a higher education system or any other agency that is subject to appropriation or allocation of any funds by the Legislature may establish by financial order a new program or expand an existing program beyond the scope of the program already established by law solely for the purpose of expending funds authorized in the federal American Recovery and Reinvestment Act of 2009. Allocations by financial order of federal American Recovery and Reinvestment Act of 2009 funds are not authorized if the federal funds require the commitment of nonfederal state funding sources beyond appropriations and allocations authorized by law. These new programs and expansion of existing programs and allocations made to fund them may not continue beyond the period authorized in the federal American Recovery and Reinvestment Act of 2009 unless the program and the method of financing are submitted to the Governor and the Department of Administrative and Financial Services, Bureau of the Budget for evaluation and recommendation to the Legislature and approved by law. The allotment of funds by financial order as authorized in this section is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and may not take effect until 7 days after the approval of the financial order by the Governor.

Sec. VVV-2. Transfer of funds; federal American Recovery and Reinvestment Act of 2009. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the State Budget Officer shall identify the amount of funds in section 3 of this Part to be transferred to departments and agencies. The State Budget Officer shall transfer the funds by financial order upon approval of the Governor. These transfers are considered adjustments to allocations or allotment of unencumbered balance forward in fiscal years 2008-09, 2009-10 and 2010-11.

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Departments and Agencies - Statewide 0016

Initiative: Provides funding for administrative costs from State Fiscal Stabilization Funds authorized in the American Recovery and Reinvestment Act of 2009.

FEDERAL EXPENDITURES FUND ARRA	2009-10	2010-11
Unallocated	$125,000	$125,000
FEDERAL EXPENDITURES FUND ARRA TOTAL	$125,000	$125,000

PART WWW

Sec. WWW-1. 36 MRSA §5403,  as repealed and replaced by PL 1999, c. 731, Pt. T, §10 and affected by §11, is amended to read:

§ 5403. Annual adjustments for inflation

Beginning in 2002, and each subsequent calendar year thereafter, on or about September 15th, the State Tax Assessor shall multiply the cost-of-living adjustment for taxable years beginning in the succeeding calendar year by the dollar amounts of the tax rate tables specified in section 5111, subsections 1-B, 2-B and 3-B. If the dollar amounts of each rate bracket, adjusted by application of the cost-of-living adjustment, are not multiples of $50, any increase must be rounded to the next lowest multiple of $50. If the cost-of-living adjustment for any taxable year is 1.000 or less, no adjustment may be made for that taxable year in the dollar bracket amounts of the tax rate tables would be less than the cost-of-living adjustment for the preceding calendar year, the cost-of-living adjustment is the same as for the preceding calendar year. The assessor shall incorporate such changes into the income tax forms, instructions and withholding tables for the taxable year.

Beginning in 2009 and each subsequent calendar year thereafter, the assessor shall reduce the cost-of-living adjustment by an amount that increases estimated noncorporate income tax revenue by $10,500,000 for that calendar year using as a benchmark the most recent revenue projections of the Revenue Forecasting Committee established in Title 5, section 1710-E.

Sec. WWW-2. Application. This Part applies to tax years beginning on or after January 1, 2009.

PART XXX

Sec. XXX-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. XXX-2. 36 MRSA §6207, sub-§1, ¶B  is enacted to read:

PART YYY

Sec. YYY-1. 36 MRSA §683, sub-§1,  as repealed and replaced by PL 2005, c. 2, Pt. F, §1 and affected by §5, is amended to read:

Sec. YYY-2. Application. That section of this Part that amends the Maine Revised Statutes, Title 36, section 683, subsection 1 applies to property tax years beginning April 1, 2010.

PART ZZZ

Sec. ZZZ-1. 36 MRSA §5122, sub-§1, ¶DD  is enacted to read:

Sec. ZZZ-2. 36 MRSA §5122, sub-§2, ¶H,  as amended by PL 2003, c. 588, §15, is further amended to read:

Sec. ZZZ-3. 36 MRSA §5122, sub-§2, ¶P,  as enacted by PL 2001, c. 559, Pt. GG, §12 and affected by §26, is amended to read:

Sec. ZZZ-4. 36 MRSA §5122, sub-§2, ¶V,  as repealed and replaced by PL 2007, c. 466, Pt. A, §65 and affected by §70, is amended to read:

Sec. ZZZ-5. 36 MRSA §5122, sub-§2, ¶CC  is enacted to read:

Sec. ZZZ-6. 36 MRSA §5200-A, sub-§1, ¶T,  as amended by PL 2007, c. 700, Pt. B, §2, is further amended to read:

Sec. ZZZ-7. 36 MRSA §5200-A, sub-§1, ¶U,  as enacted by PL 2007, c. 700, Pt. B, §3, is amended to read:

Sec. ZZZ-8. 36 MRSA §5200-A, sub-§1, ¶V  is enacted to read:

Sec. ZZZ-9. 36 MRSA §5200-A, sub-§2, ¶H,  as amended by PL 2007, c. 539, Pt. AAAA, §1, is further amended to read:

Sec. ZZZ-10. 36 MRSA §5200-A, sub-§2, ¶L,  as amended by PL 2007, c. 539, Pt. AAAA, §2, is further amended to read:

Sec. ZZZ-11. 36 MRSA §5200-A, sub-§2, ¶R,  as amended by PL 2007, c. 700, Pt. B, §5, is further amended to read:

Sec. ZZZ-12. 36 MRSA §5200-A, sub-§2, ¶S,  as enacted by PL 2007, c. 700, Pt. B, §6, is amended to read:

Sec. ZZZ-13. 36 MRSA §5200-A, sub-§2, ¶T  is enacted to read:

PART AAAA

Sec. AAAA-1. 9-B MRSA §161, sub-§2, ¶H,  as amended by PL 1989, c. 880, Pt. E, §1, is further amended to read:

Sec. AAAA-2. 9-B MRSA §162, sub-§4,  as amended by PL 2007, c. 108, §2, is further amended to read:

Sec. AAAA-3. 9-B MRSA §162, sub-§5,  as enacted by PL 2007, c. 108, §3, is amended to read:

Sec. AAAA-4. 9-B MRSA §162, sub-§6  is enacted to read:

Sec. AAAA-5. 9-B MRSA §163, sub-§1,  as amended by PL 2001, c. 262, Pt. B, §5 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

Sec. AAAA-6. 9-B MRSA §164, sub-§3,  as enacted by PL 2007, c. 108, §4, is amended to read:

Sec. AAAA-7. 36 MRSA §113, sub-§5  is enacted to read:

Sec. AAAA-8. 36 MRSA §176-B  is enacted to read:

§ 176-B.  Access to financial records of individuals who owe Maine taxes

PART BBBB

Sec. BBBB-1. 36 MRSA §111, sub-§1-A,  as amended by PL 2007, c. 539, Pt. CCC, §1 and affected by §19, is further amended to read:

Sec. BBBB-2. 36 MRSA §5122, sub-§1, ¶Z,  as enacted by PL 2007, c. 539, Pt. CCC, §4, is amended to read:

Sec. BBBB-3. 36 MRSA §5122, sub-§1, ¶AA,  as enacted by PL 2007, c. 539, Pt. CCC, §5, is amended to read:

Sec. BBBB-4. 36 MRSA §5122, sub-§1, ¶BB  is enacted to read:

Sec. BBBB-5. 36 MRSA §5122, sub-§1, ¶CC  is enacted to read:

Sec. BBBB-6. 36 MRSA §5122, sub-§2, ¶AA,  as corrected by RR 2007, c. 2, §23, is amended to read:

Sec. BBBB-7. 36 MRSA §5122, sub-§2, ¶BB,  as reallocated by RR 2007, c. 2, §24, is amended to read:

Sec. BBBB-8. 36 MRSA §5122, sub-§2, ¶CC  is enacted to read:

Sec. BBBB-9. 36 MRSA §5124-A, first ¶,  as amended by PL 2005, c. 12, Pt. P, §5, is further amended to read:

The standard deduction of a resident individual is equal to the standard deduction as determined in accordance with the Code, Section 63, exclusive of the Code, Section 63(c)(1)(C) and Section 63(c)(1)(E), except that for tax years beginning after 2002, the Code, Section 63(c)(2) must be applied as if the basic standard deduction is $5,000 in the case of a joint return and a surviving spouse and $2,500 in the case of a married individual filing a separate return.

Sec. BBBB-10. 36 MRSA §5200-A, sub-§1, ¶T,  as amended by PL 2007, c. 700, Pt. B, §2, is further amended to read:

Sec. BBBB-11. 36 MRSA §5200-A, sub-§1, ¶U,  as enacted by PL 2007, c. 700, Pt. B, §3, is amended to read:

Sec. BBBB-12. 36 MRSA §5200-A, sub-§1, ¶V  is enacted to read:

Sec. BBBB-13. 36 MRSA §5200-A, sub-§2, ¶R,  as amended by PL 2007, c. 700, Pt. B, §5, is further amended to read:

Sec. BBBB-14. 36 MRSA §5200-A, sub-§2, ¶S,  as enacted by PL 2007, c. 700, Pt. B, §6, is amended to read:

Sec. BBBB-15. 36 MRSA §5200-A, sub-§2, ¶T  is enacted to read:

Sec. BBBB-16. 36 MRSA §5219-S,  as repealed and replaced by PL 2007, c. 693, §31, is amended to read:

§ 5219-S. Earned income credit

Sec. BBBB-17. Application. That section of this Part that amends the Maine Revised Statutes, Title 36, section 111, subsection 1-A applies to tax years beginning on or after January 1, 2008 and to any prior years as specifically provided by the United States Internal Revenue Code. That section of this Part that amends the Maine Revised Statutes, Title 36, section 5124-A, first paragraph applies to tax years beginning on or after January 1, 2008. That section of this Part that enacts Title 36, section 5122, subsection 1, paragraph BB applies to tax years beginning on or after January 1, 2009. Those sections of this Part that enact Title 36, section 5122, subsection 2, paragraph CC and Title 36, section 5200-A, subsection 2, paragraph T apply to tax years beginning on or after January 1, 2010.

PART CCCC

Sec. CCCC-1. Penalty Reserve.

1. Penalty Reserve. The Penalty Reserve is established as an account category within the adjustments and miscellaneous costs section of the General Purpose Aid for Local Schools program to set aside those funds identified as penalties assessed pursuant to the Maine Revised Statutes, Title 20-A, section 15696 on nonconforming school administrative units in fiscal year 2009-10. The amount established in that cost category may not be expended or distributed by the Department of Education until directed pursuant to subsection 2.

2. Report. The Commissioner of Education shall submit a report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Education and Cultural Affairs by January 15, 2010 that includes the following:

Following receipt and review of the report, the Joint Standing Committee on Education and Cultural Affairs may report out legislation to the Second Regular Session of the 124th Legislature with its recommendations on distributing the funds in the Penalty Reserve.

3. Repeal. This Part is repealed June 30, 2011.

PART DDDD

Sec. DDDD-1. Review and report; gambling addiction services. The Department of Health and Human Services, Office of Substance Abuse shall collect data on and assess the need for gambling addiction treatment in the State. The department shall submit a report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Legal and Veterans Affairs by March 15, 2010 summarizing the results of its data collection and assessments for the need for additional gambling addiction services.

PART EEEE

Sec. EEEE-1. Lease-purchase authorization; Maine Learning Technology Initiative. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services on behalf of the Department of Education may enter into financing arrangements in fiscal year 2009-10 for the acquisition of portable computer systems for 7th grade, 8th grade and high school students and educators to support the operations of the Maine Learning Technology Initiative program. The financing agreements may not exceed 4 years in duration and $69,696,000 in principal costs for the Maine Learning Technology Initiative program. The interest rate may not exceed 7.5% and the total interest costs may not exceed $5,227,220. The annual principal and interest costs must be paid from the appropriate line category allocations in the Department of Education. The State is authorized to extend the provisions of the lease-purchase agreement on behalf of school administrative units as long as all costs of the extension are borne by the school administrative units.

Sec. EEEE-2. Effect on state and local share of school funding; findings. The Legislature recognizes that the expansion of the Maine Learning Technology Initiative program authorized pursuant to this Part requires the commitment of state and local funding in fiscal years 2009-10, 2010-11, 2011-12 and 2012-13 at a time when the amount of the General Fund appropriation for the General Purpose Aid for Local Schools program is declining and may continue to decline due to significant disruptions to the state and national economies. The Legislature also recognizes that those school administrative units that choose to participate in the expansion of the Maine Learning Technology Initiative program authorized pursuant to this Part may decide to commit a significant portion of the targeted technology resource funds allocated to the participating school administrative units pursuant to the Maine Revised Statutes, Title 20-A, section 15681, subsection 1, paragraph B to fund the cost of participating in the program.

Sec. EEEE-3. Construction; legislative intent; option to voluntarily participate. Nothing in this Part requires a school administrative unit to participate in the expansion of the Maine Learning Technology Initiative program authorized pursuant to this Part. It is the intent of the Legislature that neither the expansion of the Maine Learning Technology Initiative program under this Part nor the benefits provided under this program to participating school administrative units serve as justification to decrease other funds appropriated or allocated to school administrative units currently participating in the middle school program established for 7th and 8th grade students and educators and funded by General Fund appropriations allocated to the middle school laptop program pursuant to the Maine Revised Statutes, Title 20-A, section 15689-A, subsection 8.

PART FFFF

Sec. FFFF-1. 30-A MRSA §4211, sub-§5, ¶D,  as amended by PL 1999, c. 228, §3, is further amended to read:

Sec. FFFF-2. 38 MRSA §353-B, sub-§2, ¶A,  as amended by PL 2007, c. 558, §3, is further amended to read:

Sec. FFFF-3. 38 MRSA §353-B, sub-§7  is enacted to read:

Sec. FFFF-4. 38 MRSA §410-I, sub-§3  is enacted to read:

Sec. FFFF-5. 38 MRSA §424-B  is enacted to read:

§ 424-B.  Water Quality Improvement Fund

Sec. FFFF-6. Water quality standards for shellfish harvesting. The Department of Environmental Protection shall consider bacteria and viral standards used by the National Shellfish Sanitation Program's model ordinance when issuing waste discharge licenses to ensure that shellfish harvesting is protected as a designated use under the Maine Revised Statutes, Title 38, section 465-B.

The Department of Environmental Protection shall review whether the imposition of year-round disinfection requirements at licensed wastewater discharge facilities would serve to improve the ability of the Department of Marine Resources to upgrade the classification of shellfish growing areas, where such facilities affect classification status. The Department of Marine Resources shall identify which facilities affect shellfish growing area classification. If the Department of Environmental Protection determines that year-round disinfection improves the ability to upgrade the classification of any shellfish growing areas, it shall change the license of that facility to require year-round disinfection sufficient to improve the classification.

Sec. FFFF-7. Report. The Department of Marine Resources and the Department of Environmental Protection shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 1, 2011 that identifies the point and nonpoint sources of fecal coliform that affect the State's shellfish areas based upon existing information readily available to the departments. The report must be comprehensive and include but not be limited to analysis of: stormwater runoff, overboard discharge sources, farm and agricultural operations, municipal wastewater systems, direct industrial discharges and private septic systems. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to submit legislation to the First Regular Session of the 125th Legislature to amend the fee structure under the Maine Revised Statutes, Title 38, section 353-B on the basis of the fecal coliform source report.

Sec. FFFF-8. Transfer from General Fund unappropriated surplus; Bureau of Resource Management, Shellfish Fund, Other Special Revenue Funds program, Department of Marine Resources. Notwithstanding any other provision of law, the State Controller shall transfer $210,000 by July 15, 2009 from General Fund unappropriated surplus to the Bureau of Resource Management program, Shellfish Fund, Other Special Revenue Funds account within the Department of Marine Resources. On or before June 30, 2010, the State Controller shall transfer revenue credited to the Maine Environmental Protection Fund program, Water Quality Improvement Fund, Other Special Revenue Funds account within the Department of Environmental Protection to the unappropriated surplus of the General Fund to repay the $210,000.

Sec. FFFF-9. Transfer from the Submerged Lands Fund, Department of Conservation. Notwithstanding any other provision of law, the State Controller shall transfer $80,000 on or before July 15, 2009 and $80,000 on or before July 15, 2010 from the Land Management and Planning program, Submerged Lands Fund, Other Special Revenue Funds account within the Department of Conservation to the Bureau of Resource Management program, Shellfish Fund, Other Special Revenue Funds account within the Department of Marine Resources.

PART GGGG

Sec. GGGG-1. Maine Juvenile Drug Treatment Court program. As a result of reductions of revenues in the Fund for a Healthy Maine and corresponding reductions in program funding, the Department of Health and Human Services, Office of Substance Abuse shall work collaboratively with the Judicial Department, the Department of Corrections and the contractor for the Office of Substance Abuse to phase out the Maine Juvenile Drug Treatment Court program. Beginning June 1, 2009 the Maine Juvenile Drug Treatment Court program shall cease new admissions and readmissions. For persons participating in the Maine Juvenile Drug Treatment Court program on May 31, 2009, the Office of Substance Abuse shall maintain agreed-upon services of the Maine Juvenile Drug Treatment Court program in accordance with the person’s treatment plan through completion of court-structured treatment.

PART HHHH

Sec. HHHH-1. 12 MRSA §685-G,  as enacted by PL 2007, c. 541, Pt. B, §4, is amended to read:

§ 685-G. Funding

PART IIII

Sec. IIII-1. Education in Unorganized Territory account; lapse balances. Notwithstanding any other provision of law, $1,064,811 of unencumbered balance forward in the personal services line category at the close of fiscal year 2008-09 in the Education in Unorganized Territory, General Fund account in the Department of Education lapses to the General Fund on June 30, 2009.

PART JJJJ

Sec. JJJJ-1. 28-A MRSA §453, sub-§2-A,  as repealed and replaced by PL 2003, c. 20, Pt. SS, §1 and affected by §8, is amended to read:

Sec. JJJJ-2. 28-A MRSA §453, sub-§2-C  is enacted to read:

PART KKKK

Sec. KKKK-1. PL 2007, c. 240, Pt. XXXX, §36, sub-§11,  as amended by PL 2007, c. 668, §47, is further amended to read:

11. Result of disapproval at January 2008 referendum or subsequent referendum on or before January 30, 2009. A school administrative unit that rejects a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before January 30, 2009 may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.

Sec. KKKK-2. PL 2007, c. 240, Pt. XXXX, §36, sub-§11-A  is enacted to read:

11-A. Result for school administrative unit that approves plan at referendum on or before January 30, 2009 but is unable to implement plan. A school administrative unit that approves a proposed reorganization plan at the January 15, 2008 referendum or at a subsequent referendum on or before January 30, 2009 but is unable to implement the plan because the plan was rejected at referendum by one or more of its proposed partner school administrative units under the plan may restart the process to form a regional school unit with the same or other school administrative units and may seek assistance from the Department of Education to prepare another reorganization plan.

PART LLLL

Sec. LLLL-1. Assertive community treatment in children's behavioral health. By October 1, 2009 the Department of Health and Human Services shall report to the Joint Standing Committee on Health and Human Services with a plan to achieve savings of $1,328,390 in assertive community treatment in children's behavioral health in General Fund funds in fiscal year 2010-11. The department shall convene a stakeholders group that includes providers of children's assertive community treatment services and shall work with the stakeholders to agree on a plan to achieve the savings. If agreement is not possible, the department shall adopt routine technical rules to achieve the savings and shall report to the Joint Standing Committee on Health and Human Services on the initiative implemented by the department and the stakeholders.

PART MMMM

Sec. MMMM-1. Child welfare services. The Department of Health and Human Services shall work with alternative response program providers to achieve the targeted savings of $500,000 in fiscal year 2009-10 and $500,000 in fiscal year 2010-11 deappropriated in Part A and realign services for children and families, giving priority to reducing serious maltreatment of children 5 years of age and under and making referrals to alternative response program agencies for low-risk and moderate-risk families.

PART NNNN

Sec. NNNN-1. Funding reduced for Maine Clean Election Act legislative candidates. Notwithstanding the Maine Revised Statutes, Title 21-A, chapter 14, the amount distributed to certified legislative candidates by the Commission on Governmental Ethics and Election Practices pursuant to the Maine Clean Election Act during the 2010 election cycle must be 5% less than the amount distributed to certified candidates by the commission during the 2008 election cycle.

Sec. NNNN-2. Funding reduced for Maine Clean Election Act gubernatorial candidates. Notwithstanding any other provision of law, the amount distributed to certified gubernatorial candidates by the Commission on Governmental Ethics and Election Practices pursuant to the Maine Clean Election Act during the 2010 election cycle must be 5% less than the amount that would be distributed pursuant to the Maine Revised Statutes, Title 21-A, section 1125, subsection 8.

Sec. NNNN-3. Seed money contributions. Notwithstanding the Maine Revised Statutes, Title 21-A, section 1125, subsection 2, certified gubernatorial and legislative candidates during the 2010 election cycle may raise an additional amount of seed money to cover the 5% reduction in distributions described in sections 1 and 2. The Commission on Governmental Ethics and Election Practices shall establish rules and procedures to implement this Part. Rules adopted in accordance with this Part are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The rules must address the collection of seed money to cover the reductions in Maine Clean Election Act funding for certified candidates during the 2010 election cycle. The commission shall publish the adopted rules and procedures on its publicly accessible website and in a guidebook distributed to certified candidates.

Sec. NNNN-4. Transfer of funds from Maine Clean Election Fund. Notwithstanding any other provision of law, the State Controller shall transfer $363,930 on or before June 30, 2010 and $121,310 on or before June 30, 2011 from the Maine Clean Election Fund, Other Special Revenue Funds account to the unappropriated surplus of the General Fund.

PART OOOO

Sec. OOOO-1. 20-A MRSA §1512, sub-§6,  as amended by PL 2007, c. 668, §25, is further amended to read:

PART PPPP

Sec. PPPP-1. Department of Health and Human Services; use of risk-based contracts within MaineCare. The Department of Health and Human Services shall investigate the feasibility of obtaining a waiver from the federal Centers for Medicare and Medicaid Services to establish a risk-based managed care contract for specific MaineCare populations or services. The department shall submit its findings and recommendations along with the projected net cost savings and the projected impact on quality of care and health outcomes to the Joint Standing Committee on Health and Human Services no later than April 1, 2010.

PART QQQQ

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Homestead Property Tax Exemption Reimbursement 0886

Initiative: Recognizes additional savings as all claims in fiscal year 2008-09 have been processed for payment.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($200,000)	$0	$0
GENERAL FUND TOTAL	($200,000)	$0	$0

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
GENERAL FUND	($200,000)	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	($200,000)	$0	$0

AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF

Milk Commission 0188

Initiative: Adjusts allocation to the Maine Milk Pool for fiscal year 2008-09 based on proposed legislation that would cap the milk subsidy at $11,811,000 for fiscal year 2008-09.

OTHER SPECIAL REVENUE FUNDS	2008-09	2009-10	2010-11
All Other	$4,246,200	$0	$0
OTHER SPECIAL REVENUE FUNDS TOTAL	$4,246,200	$0	$0

AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
OTHER SPECIAL REVENUE FUNDS	$4,246,200	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$4,246,200	$0	$0

COMMUNITY COLLEGE SYSTEM, BOARD OF TRUSTEES OF THE MAINE

Maine Community College System - Board of Trustees 0556

Initiative: Provides funding from state fiscal stabilization funds authorized in the American Recovery and Reinvestment Act of 2009.

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$4,129,530	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$4,129,530	$0	$0

COMMUNITY COLLEGE SYSTEM, BOARD OF TRUSTEES OF THE MAINE
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
FEDERAL EXPENDITURES FUND ARRA	$4,129,530	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$4,129,530	$0	$0

EDUCATION, DEPARTMENT OF

General Purpose Aid for Local Schools 0308

Initiative: Provides funding for General Purpose Aid for Local Schools from state fiscal stabilization funds authorized in the American Recovery and Reinvestment Act of 2009.

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$27,046,649	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$27,046,649	$0	$0

EDUCATION, DEPARTMENT OF
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
FEDERAL EXPENDITURES FUND ARRA	$27,046,649	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$27,046,649	$0	$0

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

FHM - Substance Abuse 0948

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

FUND FOR A HEALTHY MAINE	2008-09	2009-10	2010-11
All Other	($192,159)	$0	$0
FUND FOR A HEALTHY MAINE TOTAL	($192,159)	$0	$0

Medicaid Services - Mental Retardation 0705

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($7,036,320)	$0	$0
GENERAL FUND TOTAL	($7,036,320)	$0	$0

Medicaid Services - Mental Retardation 0705

Initiative: Provides funding necessary to meet the remaining obligations of the MaineCare program in fiscal year 2008-09.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	$3,000,000	$0	$0
GENERAL FUND TOTAL	$3,000,000	$0	$0

Mental Health Services - Child Medicaid 0731

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($5,835,294)	$0	$0
GENERAL FUND TOTAL	($5,835,294)	$0	$0

Mental Health Services - Child Medicaid 0731

Initiative: Provides funding necessary to meet the remaining obligations of the MaineCare program in fiscal year 2008-09.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	$4,000,000	$0	$0
GENERAL FUND TOTAL	$4,000,000	$0	$0

Mental Health Services - Community Medicaid 0732

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($8,641,132)	$0	$0
GENERAL FUND TOTAL	($8,641,132)	$0	$0

Mental Health Services - Community Medicaid 0732

Initiative: Provides funding necessary to meet the remaining obligations of the MaineCare program in fiscal year 2008-09.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	$3,000,000	$0	$0
GENERAL FUND TOTAL	$3,000,000	$0	$0

Mental Retardation Waiver - MaineCare 0987

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($15,034,085)	$0	$0
GENERAL FUND TOTAL	($15,034,085)	$0	$0

Mental Retardation Waiver - MaineCare 0987

Initiative: Provides funding necessary to meet the remaining obligations of the MaineCare program in fiscal year 2008-09.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	$12,000,000	$0	$0
GENERAL FUND TOTAL	$12,000,000	$0	$0

Mental Retardation Waiver - Supports Z006

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($237,937)	$0	$0
GENERAL FUND TOTAL	($237,937)	$0	$0

Office of Substance Abuse - Medicaid Seed 0844

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($624,545)	$0	$0
GENERAL FUND TOTAL	($624,545)	$0	$0

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
GENERAL FUND	($15,409,313)	$0	$0
FUND FOR A HEALTHY MAINE	($192,159)	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	($15,601,472)	$0	$0

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

FHM - Medical Care 0960

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

FUND FOR A HEALTHY MAINE	2008-09	2009-10	2010-11
All Other	($1,368,579)	$0	$0
FUND FOR A HEALTHY MAINE TOTAL	($1,368,579)	$0	$0

Health - Bureau of 0143

Initiative: Provides funding for the purchase of antiviral medications from state fiscal stabilization funds authorized in the American Recovery and Reinvestment Act of 2009.

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$2,175,000	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$2,175,000	$0	$0

IV-E Foster Care/Adoption Assistance 0137

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($160,778)	$0	$0
GENERAL FUND TOTAL	($160,778)	$0	$0

Medical Care - Payments to Providers 0147

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($70,616,740)	$0	$0
GENERAL FUND TOTAL	($70,616,740)	$0	$0

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$102,711,249	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$102,711,249	$0	$0

Medical Care - Payments to Providers 0147

Initiative: Adjusts funding to reflect the availability of funding from state fiscal stabilization funds authorized in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($22,240,700)	$0	$0
GENERAL FUND TOTAL	($22,240,700)	$0	$0

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$22,240,700	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$22,240,700	$0	$0

Medical Care - Payments to Providers 0147

Initiative: Provides funding necessary to meet the remaining obligations of the MaineCare program in fiscal year 2008-09.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	$28,000,000	$0	$0
GENERAL FUND TOTAL	$28,000,000	$0	$0

FEDERAL EXPENDITURES FUND	2008-09	2009-10	2010-11
All Other	$120,935,036	$0	$0
FEDERAL EXPENDITURES FUND TOTAL	$120,935,036	$0	$0

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$16,823,132	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$16,823,132	$0	$0

Medical Care - Payments to Providers 0147

Initiative: Provides funding for hospital settlements.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	$45,000,000	$0	$0
GENERAL FUND TOTAL	$45,000,000	$0	$0

FEDERAL EXPENDITURES FUND	2008-09	2009-10	2010-11
All Other	$108,841,532	$0	$0
FEDERAL EXPENDITURES FUND TOTAL	$108,841,532	$0	$0

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$15,140,819	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$15,140,819	$0	$0

Medical Care - Payments to Providers 0147

Initiative: Provides funding for hospital settlements.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	$10,000,000	$0	$0
GENERAL FUND TOTAL	$10,000,000	$0	$0

FEDERAL EXPENDITURES FUND	2008-09	2009-10	2010-11
All Other	$24,187,007	$0	$0
FEDERAL EXPENDITURES FUND TOTAL	$24,187,007	$0	$0

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$3,364,626	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$3,364,626	$0	$0

Nursing Facilities 0148

Initiative: Reduces funding available as a result of the enhanced Federal Medical Assistance Percentage provided in the American Recovery and Reinvestment Act of 2009.

GENERAL FUND	2008-09	2009-10	2010-11
All Other	($16,784,390)	$0	$0
GENERAL FUND TOTAL	($16,784,390)	$0	$0

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$23,820,710	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$23,820,710	$0	$0

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
GENERAL FUND	($26,802,608)	$0	$0
FEDERAL EXPENDITURES FUND	$253,963,575	$0	$0
FUND FOR A HEALTHY MAINE	($1,368,579)	$0	$0
FEDERAL EXPENDITURES FUND ARRA	$186,276,236	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$412,068,624	$0	$0

MARITIME ACADEMY, MAINE

Maritime Academy - Operations 0035

Initiative: Provides funding from state fiscal stabilization funds authorized in the American Recovery and Reinvestment Act of 2009.

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$586,323	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$586,323	$0	$0

MARITIME ACADEMY, MAINE
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
FEDERAL EXPENDITURES FUND ARRA	$586,323	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$586,323	$0	$0

UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE

Educational and General Activities - UMS 0031

Initiative: Provides funding from state fiscal stabilization funds authorized in the American Recovery and Reinvestment Act of 2009.

FEDERAL EXPENDITURES FUND ARRA	2008-09	2009-10	2010-11
All Other	$8,407,434	$0	$0
FEDERAL EXPENDITURES FUND ARRA TOTAL	$8,407,434	$0	$0

UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE
DEPARTMENT TOTALS	2008-09	2009-10	2010-11
FEDERAL EXPENDITURES FUND ARRA	$8,407,434	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$8,407,434	$0	$0

SECTION TOTALS	2008-09	2009-10	2010-11
GENERAL FUND	($42,411,921)	$0	$0
FEDERAL EXPENDITURES FUND	$253,963,575	$0	$0
FUND FOR A HEALTHY MAINE	($1,560,738)	$0	$0
OTHER SPECIAL REVENUE FUNDS	$4,246,200	$0	$0
FEDERAL EXPENDITURES FUND ARRA	$226,446,172	$0	$0
SECTION TOTAL - ALL FUNDS	$440,683,288	$0	$0

PART RRRR

Sec. RRRR-1. Emergency rule-making authority; health and human services matters. The Department of Health and Human Services is authorized to adopt rules on or before December 31, 2009 on an emergency basis under the Maine Revised Statutes, Title 5, sections 8054 and 8073 in order to implement those provisions of this Act over which the department has subject matter jurisdiction without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare.

PART SSSS

Sec. SSSS-1. PL 2007, c. 240, Pt. X, §2  is amended to read:

Sec. X-2. Transfer of funds. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, until June 30, 2011, 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. SSSS-2. PL 2007, c. 240, Pt. X, §5  is amended to read:

Sec. X-5. Weekly MaineCare reporting. Until June 30, 2009 2011, 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 22, section 3174-B.

Sec. SSSS-3. PL 2007, c. 240, Pt. X, §6  is amended to read:

Sec. X-6. Quarterly MaineCare reporting. Until June 30, 2009 2010, 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 enrollment category and type of service. From July 1, 2010 to June 30, 2011 the commissioner shall continue to issue a quarterly financial summary and report on MaineCare program expenditures in a format and with content equivalent to the prior year's reports and incorporating the capabilities of the new Maine integrated health management solution system. This reporting requirement is in addition to the reporting requirements contained in the Maine Revised Statutes, Title 22, section 3174-B.

PART TTTT

Sec. TTTT-1. 36 MRSA §194  is enacted to read:

§ 194.  Data warehouse

Sec. TTTT-2. Privacy protection; plan. The Department of Administrative and Financial Services, Bureau of Revenue Services shall develop a plan to ensure that the confidentiality of taxpayer information is protected from any type of disclosure as part of the establishment of a data warehouse as provided in this Part. The plan must include provisions for ensuring that government and contract employees are educated in the requirements of law for protecting the confidentiality of taxpayer information. The bureau shall submit the plan to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Taxation by October 1, 2009.

PART UUUU

Sec. UUUU-1. Distribution of Fund for a Healthy Maine deallocation; report required. The State Budget Officer shall review the programs receiving funds from the Fund for a Healthy Maine and shall make adjustments to each account receiving funding in the All Other line category pursuant to the deallocation in the Department of Administrative and Financial Services included in section 2. The State Budget Officer shall first apply any unexpended balance in the Fund for a Healthy Maine on June 30, 2009 before making any adjustments. These adjustments must be calculated in proportion to each account's allocation in the All Other line category in relation to the total All Other allocation for Fund for a Healthy Maine programs. Notwithstanding any other provision of law, the State Budget Officer shall transfer the identified amounts by financial order upon approval of the Governor. These transfers are considered adjustments to allocations in fiscal year 2009-10. The State Budget Officer shall report on the distribution of savings to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services by January 1, 2010.

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Fund for a Healthy Maine 0921

Initiative: Reduces funding to reflect a fundwide reduction to the Fund for a Healthy Maine in fiscal year 2009-10.

FUND FOR A HEALTHY MAINE	2009-10	2010-11
All Other	($536,000)	$0
FUND FOR A HEALTHY MAINE TOTAL	($536,000)	$0

PART VVVV

Sec. VVVV-1. Calculation and transfer; General Fund savings; Central Administration. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide Salary Adjustment account in section 3 that applies against each General Fund account for executive branch departments and independent agencies statewide from implementing a decrease in charges made by the Department of Administrative and Financial Services, Division of Financial and Personnel Services for its services. 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. VVVV-2. Calculation and transfer; General Fund savings; Information Technology. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide Salary Adjustment account in section 4 that applies against each General Fund account for executive branch departments and independent agencies statewide from implementing a decrease in charges made by the Department of Administrative and Financial Services, Office of Information Technology for its services. 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. VVVV-3. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Deappropriates funds from implementing a decrease in charges made by the Department of Administrative and Financial Services, Division of Financial and Personnel Services for its services.

GENERAL FUND	2009-10	2010-11
All Other	($413,628)	($531,170)
GENERAL FUND TOTAL	($413,628)	($531,170)

Sec. VVVV-4. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Deappropriates funds from implementing a decrease in charges made by the Department of Administrative and Financial Services, Office of Information Technology for its services.

GENERAL FUND	2009-10	2010-11
All Other	($814,787)	($941,187)
GENERAL FUND TOTAL	($814,787)	($941,187)

PART WWWW

Sec. WWWW-1. 4 MRSA §1606, sub-§2,  as amended by PL 2005, c. 460, §1, is further amended to read:

Sec. WWWW-2. 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 $67,500,000 for the purpose of paying the costs associated with the construction of a new courthouse in Augusta, the renovation of a courthouse in Dover-Foxcroft and planning for court facilities upgrades in Machias.

PART XXXX

Sec. XXXX-1. PL 2007, c. 240, Pt. Q, §1  is amended to read:

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 or 2009-10 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.

PART YYYY

Sec. YYYY-1. 29-A MRSA §525, sub-§10,  as amended by PL 2007, c. 438, §2, is further amended to read:

Sec. YYYY-2. 29-A MRSA §2486, sub-§1,  as amended by PL 2007, c. 531, §4 and affected by §10, is further amended to read:

Sec. YYYY-3. 29-A MRSA §2486, sub-§2,  as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

Sec. YYYY-4. 29-A MRSA §2605, sub-§4,  as amended by PL 2001, c. 463, §4 and affected by §7, is further amended to read:

Sec. YYYY-5. 29-A MRSA §2608, 3rd ¶,  as amended by PL 2001, c. 463, §5 and affected by §7, is further amended to read:

The clerk shall immediately notify that person of the suspension by regular mail or personal service. The suspension has the same force and effect as a suspension by the Secretary of State. The suspension remains in effect until the person answers or appears, either in person or by counsel, or pays the fine. On answer, appearance or payment of the fine, whichever was the basis for the suspension, and on condition of payment of a $35 $50 reinstatement fee pursuant to section 2486, subsection 1 to the Secretary of State, the clerk of the court in which the suspension was ordered shall rescind the suspension and notify the Secretary of State who, upon receipt of the $35 $50 reinstatement fee pursuant to section 2486, subsection 1, shall delete any record of the suspension from that person's driving record.

PART ZZZZ

Sec. ZZZZ-1. Reduction to MaineCare baseline budget. For purposes of calculating the 2012-2013 biennial budget, General Fund, All Other funding baseline, the General Fund, All Other funding baseline for the MaineCare seed programs must be calculated based on the final 2010-11 General Fund, All Other ongoing appropriations for each of these programs less 2.5% for each year.

PART AAAAA

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

PUBLIC UTILITIES COMMISSION

Conservation Administration Fund 0966

Initiative: Eliminates position counts added in error for limited-period positions authorized in Resolve 2009, chapter 46.

FEDERAL EXPENDITURES FUND ARRA	2009-10	2010-11
POSITIONS - LEGISLATIVE COUNT	(4.500)	(4.500)
FEDERAL EXPENDITURES FUND ARRA TOTAL	$0	$0

FEDERAL BLOCK GRANT FUND ARRA	2009-10	2010-11
POSITIONS - LEGISLATIVE COUNT	(1.500)	(1.500)
FEDERAL BLOCK GRANT FUND ARRA TOTAL	$0	$0

PUBLIC UTILITIES COMMISSION
DEPARTMENT TOTALS	2009-10	2010-11
FEDERAL EXPENDITURES FUND ARRA	$0	$0
FEDERAL BLOCK GRANT FUND ARRA	$0	$0
DEPARTMENT TOTAL - ALL FUNDS	$0	$0

TREASURER OF STATE, OFFICE OF

Disproportionate Tax Burden Fund 0472

Initiative: Increases the allocations in Part A based on projected total transfers to the Disproportionate Tax Burden Fund.

OTHER SPECIAL REVENUE FUNDS	2009-10	2010-11
All Other	$2,866,890	$3,162,622
OTHER SPECIAL REVENUE FUNDS TOTAL	$2,866,890	$3,162,622

State - Municipal Revenue Sharing 0020

Initiative: Increases the allocations in Part A based on projected total transfers to the Local Government Fund for State-Municipal Revenue Sharing.

OTHER SPECIAL REVENUE FUNDS	2009-10	2010-11
All Other	$16,245,710	$16,603,769
OTHER SPECIAL REVENUE FUNDS TOTAL	$16,245,710	$16,603,769

TREASURER OF STATE, OFFICE OF
DEPARTMENT TOTALS	2009-10	2010-11
OTHER SPECIAL REVENUE FUNDS	$19,112,600	$19,766,391
DEPARTMENT TOTAL - ALL FUNDS	$19,112,600	$19,766,391

SECTION TOTALS	2009-10	2010-11
OTHER SPECIAL REVENUE FUNDS	$19,112,600	$19,766,391
FEDERAL EXPENDITURES FUND ARRA	$0	$0
FEDERAL BLOCK GRANT FUND ARRA	$0	$0
SECTION TOTAL - ALL FUNDS	$19,112,600	$19,766,391

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.