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, 2011, June 30, 2012 and June 30, 2013

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

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

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

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

PART A

Sec. A-1.

PART B

Sec. B-1.

PART C

Sec. C-1. 20-A MRSA §15671, sub-§7, ¶A,  as amended by PL 2009, c. 571, Pt. E, §17, is further amended to read:

Sec. C-2. 20-A MRSA §15671, sub-§7, ¶B,  as amended by PL 2011, c. 1, Pt. C, §1, is further amended to read:

Sec. C-3. 20-A MRSA §15671, sub-§7, ¶C  is enacted to read:

Sec. C-4. 20-A MRSA §15671-A, sub-§2, ¶B,  as amended by PL 2011, c. 1, Pt. C, §2, is further amended to read:

Sec. C-5. 20-A MRSA §15689, sub-§1-A,  as amended by PL 2007, c. 240, Pt. D, §3, is repealed.

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

Sec. C-7. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2011-12 is 7.50.

Sec. C-8. 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 2011-12 is as follows:

			2011-12
			TOTAL
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage		$1,390,771,314
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage		$1,349,048,174
	Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A		$413,851,257
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		$1,762,899,431
Total Debt Service Allocation
	Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A		$104,575,834
Total Adjustments and Miscellaneous Costs
	Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A		$69,591,704
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 2011-12 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B		$1,937,066,969
	Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423		$172,592,848
	Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2		$41,723,140
	Total cost of funding public education from kindergarten to grade 12		$2,151,382,957

Sec. C-9. 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, 2011 and ending June 30, 2012 is calculated as follows:

		2011-12	2011-12
		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 - subject to statewide distributions required by law	$1,042,466,969	$894,600,000
	State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423		$172,592,848
	State contribution to the total cost of funding public education from kindergarten to grade 12		$1,067,192,848

Sec. C-10. Limit of State's obligation. If the State's continued obligation for any individual component contained in those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose 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-11. Authorization of payments. Those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose 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, 2011 and ending June 30, 2012.

PART D

Sec. D-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, 2013 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. D-2. Continuation of health insurance. Notwithstanding the Maine Revised Statutes, Title 5, section 285, subsection 7 and Title 5, section 903, the State shall continue to pay health and dental insurance benefits for a state employee who applies prior to July 1, 2013 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. D-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, 2013 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. D-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, 2013 for fiscal year 2011-12 and no later than January 15, 2014 for fiscal year 2012-13.

Sec. D-5. Lapsed balances. Notwithstanding any other provision of law, $350,000 in fiscal year 2011-12 and $350,000 in fiscal year 2012-13 of savings identified from the voluntary employee incentive programs in this Part lapse to the General Fund.

PART E

Sec. E-1. Merit increases. Notwithstanding the Maine Revised Statutes, Title 26, section 979-D or 1285 or any other provision of law, any merit increase, regardless of funding source, scheduled to be awarded or paid between July 1, 2011 and June 30, 2013 to any person employed by the departments and agencies within the executive branch, including the constitutional officers and the Department of Audit, the legislative branch and the judicial branch 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. E-2. Longevity payments. Notwithstanding the Maine Revised Statutes, Title 26, section 979-D or 1285 or any other provision of law, any longevity payment, regardless of funding source, scheduled to be awarded or paid between July 1, 2011 and June 30, 2013 to any person not eligible for a longevity payment on June 30, 2011 and employed by the departments and agencies within the executive branch, including the constitutional officers and the Department of Audit, the legislative branch and the judicial branch may not be awarded, authorized or implemented. Employees eligible for a longevity payment on June 30, 2011 remain eligible for a longevity payment at the rate in effect on June 30, 2011 for the period between July 1, 2011 and June 30, 2013. These savings may be replaced by other Personal Services savings by agreement of the State and the bargaining agents representing state employees.

Sec. E-3. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in 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 2011-12 and fiscal year 2012-13. 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, 2012.

Sec. E-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 eliminating longevity payments for individuals not eligible on June 30, 2011 and maintains the longevity payment level for those eligible on June 30, 2011 to the rate in effect on June 30, 2011 during the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
Personal Services	($67,904)	($135,808)
GENERAL FUND TOTAL	($67,904)	($135,808)

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Reduces funding to reflect projected savings from eliminating merit increases for fiscal years 2011-12 and 2012-13.

GENERAL FUND	2011-12	2012-13
Personal Services	($3,101,710)	($6,333,361)
GENERAL FUND TOTAL	($3,101,710)	($6,333,361)

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	($3,169,614)	($6,469,169)
DEPARTMENT TOTAL - ALL FUNDS	($3,169,614)	($6,469,169)

PART F

Sec. F-1. Attrition savings. The attrition rate for the 2012-2013 biennium is increased from 1.6% to 5.0% for judicial branch and executive branch departments and agencies only.

PART G

Sec. G-1. 23 MRSA §4210-B, sub-§7,  as enacted by PL 2007, c. 677, §1, is repealed.

Sec. G-2. 23 MRSA §4210-B, sub-§7-A  is enacted to read:

Sec. G-3. Effective date. This Part takes effect June 30, 2012.

PART H

Sec. H-1. Department of Administrative and Financial Services; lease-purchase authorization. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services, in cooperation with the Treasurer of State, may enter into financing arrangements in fiscal years 2011-12 and 2012-13 for the acquisition of motor vehicles for the Central Fleet Management Division. The financing agreements entered into in each fiscal year may not exceed $6,000,000 in principal costs, and a financing arrangement may not exceed 4 years in duration. The interest rate may not exceed 6%. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Fleet Management Division account.

PART I

Sec. I-1. 30-A MRSA §5681, sub-§5-C,  as amended by PL 2011, c. 1, Pt. N, §1, is further amended to read:

PART J

Sec. J-1. 36 MRSA §111, sub-§2,  as amended by PL 2001, c. 396, §1, is repealed and the following enacted in its place:

Sec. J-2. 36 MRSA §141, sub-§1,  as amended by PL 2009, c. 496, §3, is further amended to read:

Sec. J-3. 36 MRSA §141, sub-§2,  as amended by PL 2011, c. 1, Pt. BB, §1 and affected by §3, is further amended to read:

Sec. J-4. 36 MRSA §145,  as enacted by PL 2007, c. 627, §5, is amended to read:

§ 145. Declaration of jeopardy

If the State Tax Assessor determines that the collection of any tax will be jeopardized by delay, the assessor, upon giving notice of this determination to the person liable for the tax by personal service or certified mail, may demand an immediate return with respect to any period or immediate payment of any tax declared to be in jeopardy, or both, and may terminate the current reporting period and demand an immediate return and payment with respect to that period. Notwithstanding any other provision of law, taxes declared to be in jeopardy are payable immediately, and the assessor may proceed immediately to collect those taxes by any collection method authorized by this Title. The person liable for the tax may stay collection by requesting reconsideration of the declaration of jeopardy in accordance with section 151 and depositing with the assessor , within the time period specified in section 151, 30 days from receipt of notice of the determination of jeopardy a bond or other security in the amount of the liability with respect to which the stay of collection is sought. A determination of jeopardy by the assessor is presumed to be correct, and the burden of showing otherwise is on the taxpayer.

Sec. J-5. 36 MRSA §151, first ¶,  as amended by PL 2001, c. 583, §1, is further amended to read:

Any A person who is subject to an assessment by the State Tax Assessor or entitled by law to receive notice of a determination of the assessor and who is aggrieved as a result of by that action may request in writing, within 30 60 days after receipt of notice of the assessment or the determination, reconsideration by the assessor of the assessment or the determination. If a person who receives notice of an assessment and does not file a request for reconsideration of the assessment in writing within the specified time period 60 days, the assessor may not reconsider the assessment pursuant to this section and no review is available in Superior Court regardless of whether the taxpayer person subsequently makes payment and requests a refund.

Sec. J-6. 36 MRSA §171,  as amended by PL 2001, c. 583, §3, is further amended to read:

§ 171. Demand letter

Sec. J-7. 36 MRSA §172, first ¶,  as enacted by PL 1981, c. 364, §11, is amended to read:

If any tax liability imposed under this Title that has become final, other than property tax, assessed and deemed final a liability for a tax imposed under this Title Part 2, remains unpaid in an amount exceeding $1,000 for a period greater than 60 days after the taxpayer has received notice of such that finality by personal service or certified mail, and the taxpayer refuses fails to cooperate with the bureau in establishing and remaining in compliance with a reasonable plan for liquidating that liability, the State Tax Assessor shall certify the liability and lack of cooperation:

Sec. J-8. 36 MRSA §175, sub-§2,  as amended by PL 2009, c. 496, §4, is further amended to read:

Sec. J-9. 36 MRSA §176-A, sub-§1, ¶B-1  is enacted to read:

Sec. J-10. 36 MRSA §176-A, sub-§1, ¶D,  as enacted by PL 1989, c. 880, Pt. E, §3, is repealed.

Sec. J-11. 36 MRSA §176-A, sub-§2, ¶E,  as amended by PL 2001, c. 583, §5, is further amended to read:

Sec. J-12. 36 MRSA §176-A, sub-§3,  as amended by PL 2005, c. 218, §6, is further amended to read:

Sec. J-13. 36 MRSA §176-A, sub-§5, ¶D,  as enacted by PL 1989, c. 880, Pt. E, §3, is amended to read:

Sec. J-14. 36 MRSA §176-A, sub-§6, ¶A,  as amended by PL 1999, c. 699, Pt. D, §27 and affected by §30, is further amended to read:

Sec. J-15. 36 MRSA §176-A, sub-§6, ¶B,  as amended by PL 2009, c. 434, §10, is further amended to read:

Sec. J-16. 36 MRSA §176-A, sub-§15, ¶A,  as enacted by PL 1989, c. 880, Pt. E, §3, is amended to read:

PART K

Sec. K-1. 36 MRSA §187-B, sub-§1,  as amended by PL 2007, c. 627, §6, is further amended to read:

Sec. K-2. Application. This Part takes effect October 1, 2011 and applies to penalties accruing under this section on or after October 1, 2011.

PART L

Sec. L-1. 36 MRSA §187-B, sub-§7,  as amended by PL 2007, c. 437, §5, is further amended to read:

PART M

Sec. M-1. 36 MRSA §135, sub-§1,  as amended by PL 2007, c. 438, §7, is further amended to read:

Sec. M-2. 36 MRSA §144, sub-§2, ¶A,  as amended by PL 2011, c. 211, §18, is further amended to read:

Sec. M-3. 36 MRSA §4061,  as enacted by PL 1981, c. 451, §7, is amended to read:

§ 4061. Applicability of provisions

This chapter applies to the estates of persons who die after June 30, 1986 and before January 1, 2013.

Sec. M-4. 36 MRSA §4062, sub-§1-A, ¶A,  as amended by PL 2009, c. 213, Pt. E, §1 and affected by §6, is further amended to read:

Sec. M-5. 36 MRSA §4062, sub-§3,  as enacted by PL 1981, c. 451, §7, is amended to read:

Sec. M-6. 36 MRSA §4062, sub-§6,  as enacted by PL 1981, c. 451, §7, is amended to read:

Sec. M-7. 36 MRSA §4064,  as amended by PL 2007, c. 466, Pt. A, §62 and affected by §63, is further amended to read:

§ 4064. Tax on estate of nonresident

A tax is imposed upon the transfer of real property and tangible personal property situated in this State and held by an individual who dies prior to January 1, 2002 or after December 31, 2002 and who at the time of death was not a resident of this State. When real or tangible personal property has been transferred into a trust or a limited liability company or other pass-through entity, the tax imposed by this section applies as if the trust or limited liability company or other pass-through entity did not exist and the property was personally owned by the decedent. Maine property is subject to the tax imposed by this section to the extent that such property is either included in the decedent's federal gross estate or is Maine elective property. The amount of this tax is equal to that proportion of the federal credit that the value of the decedent's Maine real and tangible personal property in this State bears to the value of the decedent's federal gross estate. The share of the federal credit used to determine the amount of a nonresident individual's estate tax under this section is computed without regard to whether the specific real or tangible personal property located in the State is marital deduction property.

Proceeds from the sale of property are taxable under this section if those proceeds are included in the federal gross estate and the sale was made in contemplation of death. A sale of property made within 6 months prior to the death of the grantor is deemed to be in contemplation of death within the meaning of this section.

When real or tangible personal property is owned by a pass-through entity, the entity must be disregarded and the property must be treated as personally owned by the decedent if the entity does not actively carry on a business for the purpose of profit and gain; the ownership of the property in the entity was not for a valid business purpose; or the property was acquired by other than a bona fide sale for full and adequate consideration and the decedent retained a power with respect to or interest in the property that would bring the real or tangible personal property located in this State within the decedent's federal gross estate.

Sec. M-8. 36 MRSA §4068, sub-§2, ¶B,  as enacted by PL 2005, c. 218, §43, is amended to read:

Sec. M-9. 36 MRSA c. 577  is enacted to read:

CHAPTER 577

MAINE ESTATE TAX AFTER 2012

§ 4101.  Applicability of provisions

This chapter applies to the estates of persons who die after December 31, 2012.

§ 4102.  Definitions

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

§ 4103.  Tax on estate of resident

§ 4104.  Tax on estate of nonresident

A tax is imposed on the Maine taxable estate of every person who, at the time of death, was a nonresident. The amount of tax equals the tax computed under section 4103, as if the nonresident were a resident, multiplied by the ratio of the value of that portion of the decedent's adjusted federal gross estate that consists of real and tangible personal property located in this State to the value of the decedent's adjusted federal gross estate.

When real or tangible personal property is owned by a pass-through entity, the entity must be disregarded and the property must be treated as personally owned by the decedent if the entity does not actively carry on a business for the purpose of profit and gain; the ownership of the property in the entity was not for a valid business purpose; or the property was acquired by other than a bona fide sale for full and adequate consideration and the decedent retained a power with respect to or interest in the property that would bring the real or tangible personal property located in this State within the decedent's adjusted federal gross estate.

§ 4105.  Personal representative's liability for tax

§ 4106.  Discharge of personal representative's personal liability

If the personal representative makes a written application, accompanied by a copy of the final determination of the federal estate tax liability, if any, and other supporting documentation that the assessor may require, to the assessor for determination of the amount of the tax and discharge of personal liability for that tax, the assessor, as soon as possible and in any event within one year after the making of the application or, if the application is made before the return is filed, within one year after the return is filed, shall notify the personal representative of the amount of the tax and of any interest on that amount. The personal representative, on payment of that amount, is discharged from personal liability for any deficiency in tax subsequently found to be due and is entitled to a certificate of discharge.

§ 4107.  Tax due date; filing of return and payment of tax

§ 4108.  Extension of due date for payment of tax

The assessor may extend the time for payment of the tax or any part of the tax for a reasonable period of time not to exceed one year from the date fixed for payment and may grant successive extensions. The aggregate of extensions with respect to any estate may not exceed 10 years, unless a longer period is called for by a payment arrangement elected pursuant to section 4109. If an extension is granted, the assessor may require the taxpayer to:

§ 4109.  Extension of time for payment of estate tax when estate consists largely of interest in closely held business

§ 4110.  Extension of time for filing return

§ 4111.  Effect of federal determination

§ 4112.  Lien for taxes

All property subject to taxes under this chapter, in whatever form of investment it may happen to be, is charged with a lien for all taxes, interest and penalties that are or may become due on that property. The lien does not attach to any real or personal property after the property has been sold or disposed of for value by the personal representative, trustee or surviving joint tenant. Upon payment of those taxes, interest and penalties due under this chapter or upon determination that no tax is due, the assessor shall upon request execute a discharge of the tax lien for recording in the appropriate registry or registries of deeds.

§ 4113.  Authority of State Tax Assessor

The assessor shall collect all taxes, interest and penalties provided by chapter 7 and by this chapter and may institute proceedings of any nature necessary or desirable for that purpose, including proceedings for the removal of personal representatives and trustees who have failed to pay the taxes due from estates in their hands.

The assessor may enforce the collection of any taxes secured by bond in a civil action brought on the bond regardless of the fact that some other official may be named as obligee in the bond.

§ 4114.  Amount of tax determined

The assessor shall determine the amount of tax due and payable under this chapter upon any estate or part of that estate. If, after determination and certification of the full amount of the tax upon an estate or any interest in or part of an estate, the estate receives or becomes entitled to property in addition to that shown in the estate tax return filed with the assessor or the United States Internal Revenue Service changes any item increasing the estate's liability shown in the Maine estate tax return filed with the assessor, the personal representative shall within 180 days of any receipt, entitlement or change file an amended Maine estate tax return. The assessor shall determine the amount of additional tax and shall certify the amount due, including interest and penalties, to the person by whom the tax is payable.

§ 4115.  Authority to make refunds

§ 4116.  Appointment of personal representative on probate delay

If, upon the death of a person leaving an estate that may be liable to pay tax under this chapter, a will is not offered for probate or an application for administration is not made within 6 months after the date of death or if the personal representative does not qualify within that period, the Probate Court, upon application by the assessor, may appoint a personal representative. Nothing may prevent the assessor from petitioning for appointment within 6 months after the date of death, if in the opinion of the assessor that action is necessary.

§ 4117.  Persons liable

Personal representatives, trustees, grantees or donees under nonexempt conveyances or nonexempt gifts made during the life of the grantor or donor and persons to whom beneficial interests accrue by survivorship are liable for the taxes imposed by this chapter with interest, as provided, until the taxes are paid. For purposes of this section, "nonexempt conveyances" and "nonexempt gifts" mean any transfer to a person that is includable in the federal gross estate of the decedent and with respect to which no deduction is allowed in computing the federal estate tax liability.

If the tax or any part of the tax is paid or collected out of that part of the estate passing to or in possession of any person other than the personal representative in that capacity, that person is entitled to a reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the person whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest in the estate is subject to an equal or prior liability for the payment of tax, debts or other charges against the estate.

§ 4118.  Civil action by State; bond

Personal representatives are liable to the State on their administration bonds for all taxes assessable under this chapter and interest on those taxes. If no administration bond is otherwise required and except as otherwise provided in this section, the judge of probate, notwithstanding any provision of Title 18-A, shall require a bond payable to the judge or the judge's successor sufficient to secure the payment of all estate taxes and interest conditioned in substance to pay all estate taxes due to the State from the estate of the deceased with interest thereon. A bond to secure the payment of estate taxes is not required when the judge of probate finds that any estate tax due and to become due the State is reasonably secured by the lien upon real estate as provided in this chapter or by any other adequate security. An action for the recovery of estate taxes and interest lies on either of the bonds.

Sec. M-10. Application. Those sections of this Act that amend the Maine Revised Statutes, Title 36, section 4061; section 4062, subsection 1-A, paragraph A; section 4062, subsections 3 and 6; section 4064; and section 4068, subsection 2, paragraph B apply to estates of decedents dying on or after January 1, 2011 but before January 1, 2013.

PART N

Sec. N-1. 36 MRSA §5111, sub-§1-B,  as enacted by PL 1999, c. 731, Pt. T, §3, is amended to read:

Sec. N-2. 36 MRSA §5111, sub-§1-C  is enacted to read:

Sec. N-3. 36 MRSA §5111, sub-§2-B,  as enacted by PL 1999, c. 731, Pt. T, §5, is amended to read:

Sec. N-4. 36 MRSA §5111, sub-§2-C  is enacted to read:

Sec. N-5. 36 MRSA §5111, sub-§3-B,  as enacted by PL 1999, c. 731, Pt. T, §7, is amended to read:

Sec. N-6. 36 MRSA §5111, sub-§3-C  is enacted to read:

Sec. N-7. 36 MRSA §5124-A, first ¶,  as amended by PL 2009, c. 213, Pt. BBBB, §9 and affected by §17, 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. N-8. 36 MRSA §5125, sub-§3, ¶D,  as amended by PL 2007, c. 539, Pt. CCC, §9, is further amended to read:

Sec. N-9. 36 MRSA §5125, sub-§3, ¶E,  as amended by PL 2007, c. 539, Pt. CCC, §10, is further amended to read:

Sec. N-10. 36 MRSA §5125, sub-§3, ¶F,  as enacted by PL 2007, c. 539, Pt. CCC, §11, is repealed.

Sec. N-11. 36 MRSA §5126, first ¶,  as amended by PL 2001, c. 583, §16, is further amended to read:

For income tax years beginning on or after January 1, 1998 but before January 1, 1999, a resident individual is allowed $2,400 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 1999 but before January 1, 2000, a resident individual is allowed $2,750 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 2000 but before January 1, 2013, a resident individual is allowed $2,850 for each exemption that the individual properly claims for the taxable year for federal income tax purposes, unless the taxpayer is claimed as a dependent on another return. For income tax years beginning on or after January 1, 2013, a resident individual is allowed a deduction equal to the total amount of deductions allowed for personal exemptions in accordance with the Code, Section 151.

Sec. N-12. 36 MRSA §5203-C, sub-§2, ¶A,  as enacted by PL 2003, c. 673, Pt. JJ, §3 and affected by §6, is amended to read:

Sec. N-13. 36 MRSA §5203-C, sub-§2, ¶B,  as enacted by PL 2003, c. 673, Pt. JJ, §3 and affected by §6, is amended to read:

Sec. N-14. 36 MRSA §5203-C, sub-§4, ¶B,  as enacted by PL 2003, c. 673, Pt. JJ, §3 and affected by §6, is amended to read:

Sec. N-15. 36 MRSA §5204,  as amended by PL 1987, c. 772, §38, is further amended to read:

§ 5204. Lump-sum retirement plan distributions

In addition to any other tax imposed by this Part, a tax is hereby imposed for each taxable year on every taxpayer who, in accordance with the Code, Section 402(e)(1), elects to compute a separate federal tax on a lump-sum distribution from a retirement plan at the rate of 15% of the separate federal tax imposed on the distribution , except that, for tax years beginning in 2012, the rate is 7.5%. The tax under this section does not apply to tax years beginning on or after January 1, 2013.

Sec. N-16. 36 MRSA §5204-A,  as amended by PL 1993, c. 395, §20, is further amended to read:

§ 5204-A. Early distribution from qualified retirement plans

The tax imposed under this Part on any individual whose federal income tax for any taxable year is increased pursuant to the Code as a result of an early distribution from a qualified retirement plan must be increased by an amount equal to 15% of the amount by which the individual's federal income tax was increased pursuant to Section 72(t) of the Code as a result of the early distribution , except that, for tax years beginning in 2012, the rate is 7.5%. The tax under this section does not apply to tax years beginning on or after January 1, 2013.

Sec. N-17. 36 MRSA §5402, sub-§1-B,  as enacted by PL 1999, c. 731, Pt. T, §8 and affected by §11, is amended to read:

Sec. N-18. 36 MRSA §5403,  as amended by PL 2009, c. 213, Pt. WWW, §1 and affected by §2, is further 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, 1-C, 2-B and , 2-C, 3-B and 3-C. 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 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. N-19. Application. Unless otherwise indicated, this Part applies to income tax years beginning on or after January 1, 2012.

Sec. N-20. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 36, section 5124-A; section 5125, subsection 3, paragraphs D and E; section 5203-C, subsection 4, paragraph B; and section 5402, subsection 1-B and that repeal Title 36, section 5125, subsection 3, paragraph F take effect January 1, 2012.

PART O

Sec. O-1. 36 MRSA §5122, sub-§1, ¶N,  as amended by PL 2007, c. 240, Pt. CCC, §2 and affected by §4, is further amended to read:

Sec. O-2. 36 MRSA §5122, sub-§1, ¶AA,  as amended by PL 2009, c. 213, Pt. BBBB, §3, is further amended to read:

Sec. O-3. 36 MRSA §5122, sub-§1, ¶DD,  as amended by PL 2011, c. 90, Pt. H, §2 and affected by §8, is further amended to read:

Sec. O-4. 36 MRSA §5122, sub-§1, ¶EE,  as enacted by PL 2011, c. 90, Pt. H, §3 and affected by §8, is amended to read:

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

Sec. O-6. 36 MRSA §5122, sub-§2, ¶GG,  as amended by PL 2011, c. 138, §2 and affected by §4, is further amended to read:

Sec. O-7. 36 MRSA §5122, sub-§2, ¶HH,  as enacted by PL 2011, c. 138, §3 and affected by §4, is amended to read:

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

Sec. O-9. 36 MRSA §5200-A, sub-§1, ¶N,  as amended by PL 2007, c. 240, Pt. CCC, §3 and affected by §4, is further amended to read:

Sec. O-10. 36 MRSA §5200-A, sub-§1, ¶T,  as repealed and replaced by PL 2009, c. 652, Pt. A, §53, is amended to read:

Sec. O-11. 36 MRSA §5200-A, sub-§1, ¶W,  as amended by PL 2011, c. 90, Pt. H, §5 and affected by §8, is further amended to read:

Sec. O-12. 36 MRSA §5200-A, sub-§1, ¶X,  as enacted by PL 2011, c. 90, Pt. H, §6 and affected by §8, is amended to read:

Sec. O-13. 36 MRSA §5200-A, sub-§1, ¶Y  is enacted to read:

Sec. O-14. 36 MRSA §5200-A, sub-§2, ¶T,  as repealed and replaced by PL 2009, c. 652, Pt. A, §56, is amended to read:

Sec. O-15. 36 MRSA §5200-A, sub-§2, ¶U,  as enacted by PL 2009, c. 652, Pt. A, §57 and affected by §58, is amended to read:

Sec. O-16. 36 MRSA §5200-A, sub-§2, ¶V  is enacted to read:

Sec. O-17. 36 MRSA §5219-GG  is enacted to read:

§ 5219-GG.  Maine capital investment credit

Sec. O-18. Application. Unless otherwise specified, this Part applies to tax years beginning on or after January 1, 2011.

PART P

Sec. P-1. 36 MRSA §6207, sub-§1, ¶B,  as enacted by PL 2009, c. 213, Pt. XXX, §2, is amended to read:

PART Q

Sec. Q-1. 10 MRSA c. 110, sub-c. 12  is enacted to read:

SUBCHAPTER 12

MAINE NEW MARKETS CAPITAL INVESTMENT PROGRAM

§ 1100-Z.  Maine New Markets Capital Investment Program

Sec. Q-2. 36 MRSA §191, sub-§2, ¶QQ,  as amended by PL 2011, c. 211, §20, is further amended to read:

Sec. Q-3. 36 MRSA §191, sub-§2, ¶RR,  as enacted by PL 2011, c. 211, §21, is amended to read:

Sec. Q-4. 36 MRSA §191, sub-§2, ¶SS  is enacted to read:

Sec. Q-5. 36 MRSA §2531  is enacted to read:

§ 2531.  New markets capital investment credit

A taxpayer subject to tax under this chapter that holds a qualified equity investment certified by the Finance Authority of Maine pursuant to Title 10, section 1100-Z, subsection 3, paragraph G is allowed a credit equal to the amount determined in accordance with section 5219-GG against the tax otherwise due under this chapter. The provisions in section 5219-GG govern the allowance of the credit and limitations on the credit amount, refundability, carry-over and recapture.

Sec. Q-6. 36 MRSA §5219-GG  is enacted to read:

§ 5219-GG.  New markets capital investment credit

Sec. Q-7. Application. This Part applies to tax years beginning on or after January 1, 2012.

PART R

Sec. R-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 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 2011-12 and 2012-13. 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, 2012.

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Departments and Agencies - Statewide 0016

Initiative: Reduces funding to reflect projected savings in the procurement of goods and services.

GENERAL FUND	2011-12	2012-13
Unallocated	($2,000,000)	($2,000,000)
GENERAL FUND TOTAL	($2,000,000)	($2,000,000)

PART S

Sec. S-1. 28-A MRSA §89  is enacted to read:

§ 89.  Renewal of contracts for wholesale liquor activities

PART T

Sec. T-1. 3 MRSA §851, sub-§1-D  is enacted to read:

Sec. T-2. 3 MRSA §851, sub-§1-E  is enacted to read:

Sec. T-3. 3 MRSA §851, sub-§2-B,  as enacted by PL 1999, c. 756, §4, is amended to read:

Sec. T-4. 3 MRSA §851, sub-§2-C  is enacted to read:

Sec. T-5. 4 MRSA §1351, sub-§1-B  is enacted to read:

Sec. T-6. 4 MRSA §1351, sub-§1-C  is enacted to read:

Sec. T-7. 4 MRSA §1351, sub-§2-A,  as enacted by PL 1999, c. 756, §7, is amended to read:

Sec. T-8. 4 MRSA §1351, sub-§3-B  is enacted to read:

Sec. T-9. 4 MRSA §1358, sub-§1,  as amended by PL 2009, c. 473, §§1 and 2, is repealed and the following enacted in its place:

Sec. T-10. 5 MRSA §17806, sub-§1, ¶A,  as amended by PL 2009, c. 473, §3, is further amended to read:

Sec. T-11. 5 MRSA §17806, sub-§1, ¶B,  as amended by PL 1989, c. 557, is further amended to read:

Sec. T-12. 5 MRSA §17851, sub-§1-D  is enacted to read:

Sec. T-13. 5 MRSA §17851, sub-§1-E  is enacted to read:

Sec. T-14. 5 MRSA §17851, sub-§2-D  is enacted to read:

Sec. T-15. 5 MRSA §17851, sub-§2-E  is enacted to read:

Sec. T-16. 5 MRSA §17851, sub-§3-A,  as amended by PL 1999, c. 756, §15, is further amended to read:

Sec. T-17. 5 MRSA §17852, sub-§1,  as amended by PL 2007, c. 491, §160, is further amended to read:

Sec. T-18. 5 MRSA §17852, sub-§2,  as amended by PL 1999, c. 489, §15, is further amended to read:

Sec. T-19. 5 MRSA §17852, sub-§3-B  is enacted to read:

Sec. T-20. 5 MRSA §17857, sub-§3-B  is enacted to read:

Sec. T-21. Cost-of-living increase to retirement benefits. Notwithstanding any other provision of law, retirement benefits may not be adjusted to reflect any cost-of-living increase that would otherwise begin in September 2011, September 2012 or September 2013.

Sec. T-22. Noncumulative cost-of-living adjustment retirement benefit. No later than August 15th in 2012, 2013 and 2014, the Executive Director of the Maine Public Employees Retirement System shall notify the State Controller of the total cost of providing a payment to retirees that would otherwise have been eligible for a cost-of-living adjustment but for the operation of the suspension of the annual cost-of-living adjustments pursuant to the provisions of this Part. The benefit calculation is equal to the change in the Consumer Price Index for the year ending in June of the prior calendar year, up to a maximum of 3%, but in no case may the change be less than 0%, multiplied by the retirement benefit payments up to a maximum of $20,000 for the one-year period ending August 31st of that calendar year, excluding any retirement benefits calculated pursuant to this section. The State Controller shall transfer the amounts calculated pursuant to this section up to the balance available in the reserve for retirement benefits established in the Maine Revised Statutes, Title 5, section 1522 no later than September 1st of each year. If the balance in the reserve for retirement benefits on that date is not sufficient to fully fund the total benefits calculated, the State Controller shall transfer the amount that is available in the reserve to the Maine Public Employees Retirement System and the executive director shall proportionally reduce the benefit calculated by this section to equal the amount of funding provided.

Sec. T-23. Award a cost-of-living adjustment. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, section 17806, subsection 1, paragraph A-1 and any other provision of this Part, in 2011 the Board of Trustees of the Maine Public Employees Retirement System shall award a cost-of-living adjustment to retirees of the Legislative Retirement Program, the Judicial Retirement Program and the State Employee and Teacher Retirement Program equal to the amount required to achieve cost-neutrality as required in Title 5, section 17806, subsection 1, paragraph A-1 as a result of the 2009 negative Consumer Price Index. The board shall award this cost-of-living adjustment only if the Consumer Price Index is at a level sufficient to allow for the adjustment; there is no increase in member benefits; there is no additional cost to the State; and there is no increase in the plans' unfunded actuarial liability.

Sec. T-24. Calculation and transfer of funds; retiree cost-of-living adjustment savings. 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 this Part that applies against each account for departments and agencies statewide that have occurred as a result of updated actuarial assumptions and the changes to retirement benefits authorized in this Part. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor on or before January 15, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal year 2011-12 and fiscal year 2012-13.

Sec. T-25. 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 from changes to future pension obligations.

GENERAL FUND	2011-12	2012-13
Personal Services	($21,257,303)	($22,754,814)
GENERAL FUND TOTAL	($21,257,303)	($22,754,814)

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Reduces funding to reflect savings from recalculating the baseline pension budget using updated actuarial assumptions.

GENERAL FUND	2011-12	2012-13
Personal Services	($2,502,574)	($4,065,180)
GENERAL FUND TOTAL	($2,502,574)	($4,065,180)

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	($23,759,877)	($26,819,994)
DEPARTMENT TOTAL - ALL FUNDS	($23,759,877)	($26,819,994)

Sec. T-26. Effective date. Those sections of this Part that amend the Maine Revised Statutes, Title 5, section 17806, subsection 1, paragraphs A and B take effect January 1, 2014.

PART U

Sec. U-1. Design of new retirement benefit plan for state employees and teachers; working group established. A working group, referred to in this Part as "the working group," is established to develop an implementation plan designed to close the current defined benefit retirement plan for all state employees and teachers and replace it with a retirement benefit plan, referred to in this Part as "the plan," that is supplemental to Social Security and applies to all state employees and teachers who are first hired after June 30, 2015 with no prior creditable service. The working group must be staffed within the existing resources of the Maine Public Employees Retirement System and the Department of Administrative and Financial Services.

1. Definitions. For purposes of this Part, the following terms have the following meanings.

2. Working group membership. The working group consists of:

3. New retirement plan. The working group shall design a retirement plan to supplement Social Security for state employees and teachers in accordance with this subsection.

4. Duties. The working group shall consult, as needed, with experts in the retirement and investment field and shall:

Sec. U-2. Report. The working group shall submit a report on the design of the plan under section 1, together with any necessary implementing legislation, to the Joint Standing Committee on Appropriations and Financial Affairs by January 1, 2012. After receipt and review of the report, the joint standing committee may report out a bill to the Second Regular Session of the 125th Legislature.

PART V

Sec. V-1. 5 MRSA §285, sub-§7, ¶¶I to L  are enacted to read:

Sec. V-2. Calculation and transfer of funds; retiree health insurance. 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 in section 5 that applies against each account for departments and agencies statewide that have occurred as a result of the retiree health provisions authorized in this Part. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor on or before January 15, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal years 2011-12 and 2012-13.

Sec. V-3. Calculation and transfer of funds; health insurance. 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 in section 6 that applies against each account for departments and agencies statewide that have occurred as a result of the health insurance provisions authorized in this Part. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor on or before January 15, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal years 2011-12 and 2012-13.

Sec. V-4. Report. The Executive Director of Employee Health and Benefits within the Department of Administrative and Financial Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs on or before January 1, 2012 with a plan to constrain health insurance premium growth in the future.

Sec. V-5. 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 from changes to future retiree health obligations.

GENERAL FUND	2011-12	2012-13
Personal Services	($5,542,429)	($9,157,284)
GENERAL FUND TOTAL	($5,542,429)	($9,157,284)

Sec. V-6. 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 from maintaining the cost of health insurance at the fiscal year 2010-11 level.

GENERAL FUND	2011-12	2012-13
Personal Services	($4,591,812)	($9,552,949)
GENERAL FUND TOTAL	($4,591,812)	($9,552,949)

Sec. V-7. Effective date. That section of this Part that enacts the Maine Revised Statutes, Title 5, section 285, subsection 7, paragraphs I to L takes effect July 1, 2011.

PART W

Sec. W-1. 20-A MRSA §13451, sub-§2,  as amended by PL 2001, c. 439, Pt. PP, §1 and PL 2007, c. 58, §3, is further amended to read:

Sec. W-2. 20-A MRSA §13451, sub-§2-D  is enacted to read:

Sec. W-3. 20-A MRSA §13451, sub-§3,  as amended by PL 2005, c. 12, Pt. X, §1 and c. 457, Pt. TT, §§1 and 2, is further amended to read:

Sec. W-4. Report. The Executive Director of the Division of Employee Health and Benefits within the Department of Administrative and Financial Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs on or before January 1, 2012 with an implementation plan to bring Medicare-eligible teachers into the state retiree group health plan.

Sec. W-5. Effective date. This Part takes effect July 1, 2011.

PART X

Sec. X-1. 5 MRSA §1522  is enacted to read:

§ 1522.  Reserve for retirement costs

Sec. X-2. 5 MRSA §1536, sub-§1,  as amended by PL 2005, c. 519, Pt. VV, §4, is further amended to read:

PART Y

Sec. Y-1. 5 MRSA §286-B,  as amended by PL 2009, c. 213, Pt. N, §1, is further amended to read:

§ 286-B. Irrevocable Trust Funds for Other Post-employment Benefits

Sec. Y-2. Trust document. The Treasurer of State and the State Controller shall work with the Attorney General to draft an irrevocable trust document to govern the receipt, control, investment and disbursement of funds placed into the teacher plan and the first responder plan under the Maine Revised Statutes, Title 5, section 286-B.

Sec. Y-3. Trustee selection. The Treasurer of State shall select the trustee for the teacher plan and the first responder plan under the Maine Revised Statutes, Title 5, section 286-B with the advice of representatives from the Maine Municipal Association, the Maine School Management Association, the Maine Education Association and the State Controller, using the request for proposal bidding process set forth in Title 5, chapter 155.

PART Z

Sec. Z-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, but not to employees who are eligible to retire under any special retirement plan. Employees choosing to participate in this retirement incentive program must make application for participation in the manner specified by the commissioner, with retirements effective on or before November 1, 2011.

Sec. Z-2. Calculation and transfer of funds; savings from 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 section 4 that applies against each 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, 2012. These transfers are considered adjustments to appropriations and allocations in fiscal years 2011-12 and 2012-13.

Sec. Z-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 through June 30, 2013. 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 number of the employees, by program, taking advantage of the retirement incentive program by September 1, 2012.

Sec. Z-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 to reflect projected savings to be achieved through a retirement incentive program.

GENERAL FUND	2011-12	2012-13
Personal Services	($5,000,000)	($5,500,000)
GENERAL FUND TOTAL	($5,000,000)	($5,500,000)

PART AA

Sec. AA-1. 34-A MRSA §1403, sub-§12  is enacted to read:

PART BB

Sec. BB-1. Transfer of funds; overtime expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, upon the recommendation of the State Budget Officer and 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 in fiscal years 2011-12 and 2012-13.

Sec. BB-2. 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 the position counts and available balances by financial order in order to achieve the purposes of this section. In accordance with the requirements of the Maine Revised Statutes, Title 5, section 1585, a financial order describing such a transfer must be submitted by the Department of Administrative and Financial Services, Bureau of the Budget to the Office of Fiscal and Program Review 30 days before a transfer is to be implemented. In case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Any transfer or adjustment pursuant to this section that would result in a program or mission change or facility closure must be reported to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters for review before the associated financial order is submitted to the Governor for approval. These transfers are considered adjustments to authorized position count, appropriations and allocations.

PART CC

Sec. CC-1. 20-A MRSA §19102, sub-§4  is enacted to read:

PART DD

Sec. DD-1. 20-A MRSA §253, sub-§7,  as enacted by PL 1981, c. 693, §§5 and 8, is repealed.

Sec. DD-2. 20-A MRSA §6401-A  is enacted to read:

§ 6401-A.  School nurse consultant position

Sec. DD-3. 20-A MRSA §6401-B  is enacted to read:

§ 6401-B.  Duties

The school nurse consultant under section 6401-A shall provide statewide nursing leadership, consultation and direction for coordinated school health care programs. The school nurse consultant shall:

Sec. DD-4. 22 MRSA §1971,  as amended by PL 2009, c. 415, Pt. A, §11, is repealed.

Sec. DD-5. 22 MRSA §1972,  as enacted by PL 1999, c. 731, Pt. QQ, §1, is repealed.

PART EE

Sec. EE-1. 5 MRSA §1824-A  is enacted to read:

§ 1824-A.  Statewide Capital Equipment Fund

PART FF

Sec. FF-1. Working group; development of implementing legislation. The Commissioner of Administrative and Financial Services shall convene a working group to develop proposed legislation that transfers personnel, position counts and responsibilities from the Executive Department, State Planning Office to other departments and agencies of the State.

1. The members of the working group are:

2. The Commissioner of Administrative and Financial Services shall serve as the chair of the working group.

3. The Executive Department, State Planning Office and the Department of Administrative and Financial Services, Division of Financial and Personnel Services shall provide staff assistance to the working group.

Sec. FF-2. Report. The working group shall submit its recommendations and any related proposed legislation to the Joint Standing Committee on Appropriations and Financial Affairs no later than December 1, 2011. The proposed legislation must include recommendations for the disposition of programs in the Executive Department, State Planning Office and a recommendation regarding the job title, duties and salary range for the Director, State Planning Office position. After receipt and review of the report, the joint standing committee may submit legislation to the Second Regular Session of the 125th Legislature to transfer duties and responsibilities from the State Planning Office to other departments and agencies of State Government.

PART GG

Sec. GG-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2011, the State Controller shall transfer $30,000 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account for the purchase of one replacement aircraft engine. On or before August 1, 2012, the State Controller shall transfer $30,000 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account for the purchase of one replacement aircraft engine.

Sec. GG-2. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2011, the State Controller shall transfer $15,347 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Licensing Services - Inland Fisheries and Wildlife program, General Fund account to fund the retroactive portion of the position reclassification of one Supervisor of Licensing and Registration position.

Sec. GG-3. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2011, the State Controller shall transfer $23,622 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Resource Management Services - Inland Fisheries and Wildlife program, General Fund account to fund the retroactive portion of the position reclassifications of 2 Biologist II positions.

Sec. GG-4. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before July 31, 2011, the State Controller shall transfer $155,241 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to fund the payment of outstanding amounts due for dispatch services provided by the Department of Public Safety.

PART HH

Sec. HH-1. 12 MRSA §10202, sub-§9,  as amended by PL 2009, c. 213, Pt. I, §1, is further amended to read:

PART II

Sec. II-1. 8 MRSA §1036, sub-§2, ¶E,  as amended by PL 2009, c. 462, Pt. H, §1, is further amended to read:

Sec. II-2. 22 MRSA §1560-D, sub-§10,  as enacted by PL 2007, c. 467, §3, is amended to read:

PART JJ

Sec. JJ-1. Suspension of cost-of-living adjustment for judges. Notwithstanding the Maine Revised Statutes, Title 4, section 4, subsection 2-A, a cost- of-living adjustment for the State's chief justices, chief judge, deputy chief judge, associate justices and associate judges may not be made on July 1, 2011 or July 1, 2012.

PART KK

Sec. KK-1. 22 MRSA §3104-A, sub-§1,  as amended by PL 2009, c. 291, §3, is repealed and the following enacted in its place:

Sec. KK-2. 22 MRSA §3174-G, sub-§1, ¶¶E and F,  as amended by PL 2003, c. 469, Pt. A, §5 and affected by c. 673, Pt. Y, §3, are further amended to read:

Sec. KK-3. 22 MRSA §3174-G, sub-§1, ¶G  is enacted to read:

Sec. KK-4. 22 MRSA §3762, sub-§3, ¶B,  as amended by PL 2007, c. 539, Pt. XX, §1, is further amended to read:

PART LL

Sec. LL-1. 22 MRSA §3762, sub-§18  is enacted to read:

PART MM

Sec. MM-1. Department of Health and Human Services; revision of agency rules; residential care; transfer of assets. The Department of Health and Human Services shall amend its asset transfer rules in the MaineCare Eligibility Manual, chapter 332, in order to implement the option under the Maine Revised Statutes, Title 22, section 3174-A, which allows the imposition of a penalty for certain transfers of assets to obtain help with state-funded assistance in certain boarding home settings. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

PART NN

Sec. NN-1. Dorothea Dix Psychiatric Center working group established.

1. Working group established; goals. Notwithstanding Joint Rule 353, the Commissioner of Health and Human Services shall convene a working group, referred to in this section as "the working group," to develop a plan and suggest implementing legislation regarding the future role and structure of the Dorothea Dix Psychiatric Center to be effective June 30, 2012, including the transfer of personnel, position counts and other responsibilities, if applicable, to other programs within the Department of Health and Human Services. The working group shall develop a comprehensive plan that is focused on the attainment of recovery milestones, such as improved health status, increased independence, improved life satisfaction and integration into the full community, for persons with serious and persistent mental health conditions through the delivery of high-quality, efficient services.

2. Working group membership. The members of the working group are:

3. Working group chair. The Commissioner of Health and Human Services shall serve as the chair of the working group.

4. Staff assistance. The Department of Health and Human Services shall provide staff assistance to the working group.

5. Report. In developing recommendations and suggested implementing legislation, the working group shall develop a plan that:

The working group shall submit its plan and proposed legislation to the Commissioner of Health and Human Services, who shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services no later than December 1, 2011. After receipt and review of the plan, the committees may submit legislation to the Second Regular Session of the 125th Legislature to implement the recommendations regarding the Dorothea Dix Psychiatric Center.

PART OO

Sec. OO-1. Interdepartmental cooperation; Department of Health and Human Services and Department of the Attorney General. The Department of Health and Human Services and the Department of the Attorney General shall work cooperatively to explore opportunities for increased collaboration as well as to identify short-term and long-term improvements to the fraud detection and referral process and any savings that can be realized from these improvements.

PART PP

Sec. PP-1. 22 MRSA §3762, sub-§15,  as enacted by PL 1997, c. 695, §1, is repealed.

Sec. PP-2. 22 MRSA §3762, sub-§§18 and 19  are enacted to read:

Sec. PP-3. 22 MRSA §3763, sub-§1,  as enacted by PL 1997, c. 530, Pt. A, §16, is amended to read:

Sec. PP-4. 22 MRSA §3763, sub-§1-A  is enacted to read:

Sec. PP-5. Notification. The Department of Health and Human Services shall notify current sanctioned adult recipients no later than October 1, 2011 of the provisions of the Maine Revised Statutes, Title 22, section 3763, subsection 1-A and the ability to maintain family eligibility by complying with the family contract or providing information to substantiate an exemption by January 1, 2012. If the adult recipient is in good standing under the family contract as of January 1, 2012, previous sanctions do not apply.

Sec. PP-6. Rename Office of Integrated Access and Support - Central Office program. Notwithstanding any other provision of law, the Office of Integrated Access and Support - Central Office program within the Department of Health and Human Services is renamed the Office for Family Independence program.

Sec. PP-7. Rules. The Department of Health and Human Services shall revise its rules to impose a quit penalty on Temporary Assistance for Needy Families - Unemployed Parents participants that requires a recalculation of benefits to exclude the family member who quit employment without cause. The penalty period remains in effect until such time as the family member obtains equivalent employment.

Sec. PP-8. Rules. The Department of Health and Human Services may adopt rules necessary to implement the provisions of this Part. Rules adopted pursuant to this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

Sec. PP-9. Report on the impact of Temporary Assistance for Needy Families program reforms. By November 1, 2012, the Department of Health and Human Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services on the impact of the changes made to the Temporary Assistance for Needy Families program in this Part, including: the number of cases removed as a result of the 60-month limit; the number of individual sanctions imposed; the number of full-family sanctions imposed; the number of administrative hearings requested; and the number of cases for which assessment information was requested and was provided.

PART QQ

Sec. QQ-1. Transfer from unappropriated surplus at close of fiscal year 2011-12. Notwithstanding any other provision of law, at the close of fiscal year 2011-12, the State Controller shall transfer up to $25,000,000 from the unappropriated surplus of the General Fund to the Department of Health and Human Services, Medical Care - Payments to Providers account in the General Fund after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made and as the first priority after the transfers required pursuant to the Maine Revised Statutes, Title 5, sections 1507, 1511 and 1522 and before the transfers required pursuant to Title 5, section 1536.

Sec. QQ-2. Purpose of transfers. Transfers made pursuant to this Part must be expended for hospital settlements.

Sec. QQ-3. Transfer considered adjustments to appropriations. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, amounts transferred pursuant to this Part are considered adjustments to appropriations in fiscal year 2012-13 only. These funds may be allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor.

PART RR

Sec. RR-1. PL 2011, c. 45, §6  is amended to read:

Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) LICENSURE OF WATER SYSTEM OPERATORS, BOARD OF

Water System Operators - Board of Licensure 0104

Initiative: Deallocates funds as a result of savings from reduced costs for testing.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
All Other	$0	($10,600)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($10,600)

PART SS

Sec. SS-1. 22 MRSA §2681, sub-§16  is enacted to read:

PART TT

Sec. TT-1. 4 MRSA §17, sub-§15, ¶A,  as enacted by PL 2003, c. 400, §1, is amended to read:

PART UU

Sec. UU-1. Agency rules; child care rates; Department of Health and Human Services. The Department of Health and Human Services is directed to revise its rules in the Child Care Subsidy Policy Manual to establish state-paid child care rates at the 50th percentile of the most current local market rate survey. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

PART VV

Sec. VV-1. PL 2007, c. 240, Pt. X, §2,  as amended by PL 2009, c. 213, Pt. SSSS, §1, is further 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 2013, 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. VV-2. PL 2007, c. 240, Pt. X, §5,  as amended by PL 2009, c. 213, Pt. SSSS, §2, is further amended to read:

Sec. X-5. Weekly MaineCare reporting. Until June 30, 2011 2013, 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 22, section 3174-B.

Sec. VV-3. PL 2007, c. 240, Pt. X, §6,  as amended by PL 2009, c. 213, Pt. SSSS, §3, is further amended to read:

Sec. X-6. Quarterly MaineCare reporting . Until June 30, 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 enrollment category and type of service. From July 1, 2010 to June 30, 2011 2013 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.

Sec. VV-4. MaineCare financial order transfer authority report. The Commissioner of Health and Human Services shall review the effects the MaineCare financial order transfer authority authorized by Public Law 2007, chapter 240, Pt. X, section 2 has had on funding available for individual MaineCare General Fund accounts. The review must quantify the net change in funding available to each account by fiscal year as a result of the transfer authority with the goal of ultimately adjusting baseline appropriations to these programs in order to no longer require significant financial order transfers between MaineCare General Fund accounts. The commissioner shall report the findings and recommendations for adjustments to appropriations to the Joint Standing Committee on Appropriations and Financial Affairs no later than December 1, 2011.

PART WW

Sec. WW-1. 22 MRSA §7247,  as enacted by PL 2003, c. 483, §1, is amended to read:

§ 7247. Controlled Substances Prescription Monitoring Program Fund

The Controlled Substances Prescription Monitoring Program Fund is established within the office to be used by the director of the office to fund or assist in funding the program. Any balance in the fund does not lapse but is carried forward to be expended for the same purposes in succeeding fiscal years. The fund must be deposited with and maintained and administered by the office. The office may accept funds into the fund from any source, public or private, including grants or contributions of money or other things of value, that it determines necessary to carry out the purposes of this chapter. Money received by the office to establish and maintain the program must be used for the expenses of administering this chapter. No General Fund appropriation may be made available for the purposes of this chapter.

PART XX

Sec. XX-1. Mental health services report. The Commissioner of Health and Human Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services no later than February 1, 2012 regarding the implementation of fiscal year 2011-12 funding for mental health services for individuals not eligible for MaineCare and for housing services in order to conform to the consent decree in the case of Paul Bates, et al. v. Robert Glover, et al. and pursuant to the Court Master's June 25, 2010 update. The report must include recommendations from the Court Master pertaining to the consent decree and recommendations for funding for fiscal year 2012-13.

PART YY

Sec. YY-1. Substance Abuse Services Commission; convene stakeholder group; purchase of controlled medications; agency rules. The Substance Abuse Services Commission, established in the Maine Revised Statutes, Title 5, section 12004-G, subsection 13-C, shall convene a stakeholder group consisting of Substance Abuse Service Commission members and representatives from the prescribing and pharmacy communities, the Board of Licensure in Medicine, the Maine Board of Pharmacy, the Department of the Attorney General, the Office of MaineCare Services and the Office of Substance Abuse within the Department of Health and Human Services and the MaineCare recipient consumer community. The stakeholder group shall examine the issue of MaineCare recipients using cash to purchase controlled schedule II, III and IV prescription medications beyond the recipients' MaineCare benefit coverage. The stakeholder group shall assess the prevalence of such cash purchases and make recommendations to the Commissioner of Health and Human Services no later than December 15, 2011 for any necessary rule changes. Any rules adopted by the department pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

PART ZZ

Sec. ZZ-1. Emergency rule-making authority; health and human services matters. The Department of Health and Human Services is authorized to adopt emergency rules 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 for which specific authority has not been provided in any other Part of this Act without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare.

PART AAA

Sec. AAA-1. Transfer from Employment Rehabilitation Fund. At the close of fiscal year 2010-11, the State Controller shall transfer $1,000,000 from the available balance in the Employment Rehabilitation Fund, Other Special Revenue Funds account within the Workers' Compensation Board to the General Fund unappropriated surplus.

PART BBB

Sec. BBB-1. 24-A MRSA §6914,  as amended by PL 2005, c. 400, Pt. A, §14, is further amended to read:

§ 6914. Intragovernmental transfer

Starting July 1, 2004, Dirigo Health shall transfer funds, as necessary, to a special dedicated, nonlapsing revenue account administered by the agency of State Government that administers MaineCare for the purpose of providing a state match for federal Medicaid dollars services provided to individuals eligible pursuant to Title 22, section 3174-G, subsection 1, paragraph E whose nonfarm income is greater than 150% of the nonfarm income official poverty line and is below or equal to 200% of the nonfarm income official poverty line. Dirigo Health shall annually set the amount of contribution.

Beginning January 1, 2012, Dirigo Health shall transfer funds as necessary to a special dedicated, nonlapsing revenue account administered by the agency of State Government that administers MaineCare for the purpose of providing a state match for federal Medicaid services provided to individuals eligible pursuant to Title 22, section 3174-G, subsection 1, paragraph E whose nonfarm income is greater than 133% of the nonfarm income official poverty line and is below or equal to 150% of the nonfarm income official poverty line. Dirigo Health shall annually set the amount of contribution.

Sec. BBB-2. 24-A MRSA §6917, sub-§1,  as enacted by PL 2009, c. 359, §4 and affected by §8, is amended to read:

Sec. BBB-3. Planning for Affordable Care Act health insurance exchange implementation report. The Board of Trustees of Dirigo Health and the Executive Director of Dirigo Health shall evaluate the impact of the changes in this Part and their implications on planning for the transition to and implementation of a health insurance exchange in this State pursuant to the federal Patient Protection and Affordable Care Act. The Board of Trustees of Dirigo Health shall report its findings and recommendations for implementation of such an exchange in this State to the Joint Standing Committee on Appropriations and Financial Affairs and to the Joint Standing Committee on Insurance and Financial Services no later than March 1, 2012.

PART CCC

Sec. CCC-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, on behalf of the Department of Public Safety, may enter into financing arrangements in fiscal years 2011-12 and 2012-13 for the acquisition of motor vehicles for the State Police. The financing arrangements entered into each fiscal year may not exceed $2,100,000 in principal costs and a financing arrangement may not exceed 3 years in duration. The interest rate may not exceed 6% and total interest costs with respect to the financing arrangements entered into in each fiscal year may not exceed $300,000. The annual principal and interest costs must be paid from the appropriate line category appropriations and allocations in the Department of Public Safety General Fund and Highway Fund accounts.

PART DDD

Sec. DDD-1. Rename Motor Vehicle Contingency Account - Building program. Notwithstanding any other provision of law, the Motor Vehicle Contingency Account - Building program within the Department of the Secretary of State is renamed the Motor Vehicle Miscellaneous Revenue program.

PART EEE

Sec. EEE-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 August 15, 2011 from the General Fund unappropriated surplus to the Callahan Mine Site Restoration, Other Special Revenue Funds program within the Department of Transportation to be used to design and implement clean-up initiatives of the Callahan Mine site.

PART FFF

Sec. FFF-1. 36 MRSA §505, sub-§4,  as amended by PL 2005, c. 332, §12, is further amended to read:

PART GGG

Sec. GGG-1. Transfers from available fiscal year 2010-11 Other Special Revenue Funds balances to General Fund - Professional and Financial Regulation. At the close of fiscal year 2010-11, the State Controller shall transfer $3,000,000 from available balances in Other Special Revenue Funds accounts within the Department of Professional and Financial Regulation to the General Fund unappropriated surplus. On or before June 30, 2011, the Commissioner of Professional and Financial Regulation shall determine from which accounts the funds will be transferred so that the sum equals $3,000,000 and notify the State Controller and the Joint Standing Committee on Appropriations and Financial Affairs of the amounts to be transferred from each account.

Sec. GGG-2. Transfers from available fiscal year 2012-13 Other Special Revenue Funds balances to General Fund - Professional and Financial Regulation. At the close of fiscal year 2012-13, the State Controller shall transfer $1,000,000 from available balances in Other Special Revenue Funds accounts within the Department of Professional and Financial Regulation to the General Fund unappropriated surplus. On or before June 30, 2013, the Commissioner of Professional and Financial Regulation shall determine from which accounts the funds will be transferred so that the sum equals $1,000,000 and notify the State Controller and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs of the amounts to be transferred from each account.

PART HHH

Sec. HHH-1. 4 MRSA §28,  as enacted by PL 2009, c. 213, Pt. QQ, §2, is amended to read:

§ 28. Additional fee revenue dedicated

The judicial branch may credit 4%, up to a maximum of $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. If the fee revenue from the judicial branch is less than the amount budgeted as undedicated fee revenue for the General Fund, the amount credited to the Other Special Revenue Funds account during the fiscal year must be reduced by a percentage equal to the percentage by which General Fund undedicated fee revenue is under budget.

PART III

Sec. III-1. 1 MRSA §521, sub-§2,  as amended by PL 1977, c. 696, §11, is further amended to read:

PART JJJ

Sec. JJJ-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 $43,000,000 on June 30, 2012 from Other Special Revenue Funds to the unappropriated surplus of the General Fund. On July 1, 2012, the State Controller shall transfer $43,000,000 from the General Fund unappropriated surplus to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance.

PART KKK

Sec. KKK-1. Streamline and Prioritize Core Government Services Task Force established. The Commissioner of Administrative and Financial Services shall establish the Streamline and Prioritize Core Government Services Task Force, referred to in this Part as "the task force."

Sec. KKK-2. Task force membership. Notwithstanding Joint Rule 353, the task force consists of the following 12 members:

1. The Commissioner of Administrative and Financial Services or the commissioner's designee, who serves as chair of the task force;

2. Two members representing Maine for-profit businesses, appointed by the Governor;

3. Two members representing Maine not-for-profit agencies, appointed by the Governor;

4. One member representing a higher educational institution of Maine, appointed by the Governor;

5. Four members of the Joint Standing Committee on Appropriations and Financial Affairs jointly appointed by the committee chairs, at least one member representing the Senate and 2 members representing the party with the largest number of members in the committee from either the House of Representatives or the Senate and 2 members representing the party with the second largest number of members in the committee from either the House of Representatives or the Senate; and

6. Two members of the public at large, appointed by the Governor.

Sec. KKK-3. Convening of task force. The task force shall convene no later than September 1, 2011.

Sec. KKK-4. Duties. The task force shall undertake a comprehensive analysis of departments and agencies within the executive branch, offices of the constitutional officers, the Department of Audit and independent agencies statewide with the goals of prioritizing services provided by government agencies, consolidating functions and eliminating duplication and inefficiencies in programs, contracted personal services, state travel policies and advertising and public notice policies. In carrying out its duties, the task force shall investigate and identify major sources of administrative excess, redundancy and inefficiency and program overlap with other state, local or federal programs. The task force shall identify any positions that should be reduced, eliminated or consolidated to deliver optimum services in the most cost-effective manner, including positions in the unclassified service and major policy-influencing positions as set out in the Maine Revised Statutes, Title 5, chapter 71, and in contracted personal services. The task force shall develop recommendations designed to achieve a targeted spending reduction of a minimum of $25,000,000 in fiscal year 2012-13. The task force may establish subcommittees and draw on experts inside and outside of State Government.

Sec. KKK-5. Staff assistance. The Department of Administrative and Financial Services shall provide staff assistance to the task force.

Sec. KKK-6. Reports to the Joint Standing Committee on Appropriations and Financial Affairs. The task force shall submit monthly progress reports to the Joint Standing Committee on Appropriations and Financial Affairs and a report of its findings and recommendations and any necessary implementing legislation to the Joint Standing Committee on Appropriations and Financial Affairs by December 15, 2011. The committee is authorized to submit legislation to the Second Regular Session of the 125th Legislature.

Sec. KKK-7. Implementation; achievement of savings. If, after receipt and review of the recommendations presented by the task force pursuant to section 6, the Legislature fails to enact legislation in the Second Regular Session of the 125th Legislature that achieves $25,000,000 in savings, the Commissioner of Administrative and Financial Services shall make recommendations to the Governor regarding the achievement of the balance of these savings through the use of the temporary curtailment of allotment power specified in the Maine Revised Statutes, Title 5, section 1668, and the Governor is authorized to achieve those savings using that power. The State Budget Officer shall determine amounts in section 8 to be distributed by financial order upon approval of the Governor.

Sec. KKK-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: Reduces funding to reflect savings to be identified by the Streamline and Prioritize Core Government Services Task Force.

GENERAL FUND	2011-12	2012-13
Unallocated	$0	($25,000,000)
GENERAL FUND TOTAL	$0	($25,000,000)

PART LLL

Sec. LLL-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 February 11, 2011.

PART MMM

Sec. MMM-1. 5 MRSA §17859  is enacted to read:

§ 17859.  Retiring and returning to work

Sec. MMM-2. General Fund and Highway Fund savings; transfer to Salary Plan accounts. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings from the restoration to service option established in the Maine Revised Statutes, Title 5, section 17859 that applies against each General Fund account and Highway Fund account for all executive branch departments and agencies statewide, including the Department of the Attorney General, the Department of the Secretary of State and the Department of Audit. General Fund savings amounts must be transferred to the General Fund Compensation and Benefit Plan account in the Department of Administrative and Financial Services, and Highway Fund savings must be transferred to the Highway Fund Compensation and Benefit Plan account in the Department of Administrative and Financial Services. Such transfers must be made by financial order upon the approval of the Governor.

PART NNN

Sec. NNN-1. 5 MRSA §8052, sub-§5, ¶B,  as amended by PL 1993, c. 446, Pt. A, §19, is further amended to read:

Sec. NNN-2. 5 MRSA §8056, sub-§1, ¶D,  as enacted by PL 1981, c. 524, §12, is amended to read:

Sec. NNN-3. Secretary of State to develop and implement a plan for the website. The Secretary of State shall develop and implement a plan to improve the publicly accessible website used for the posting of all proposed and adopted rules to make it more user-friendly and searchable and to include archival capability. The Secretary of State shall provide a progress report to the Joint Standing Committee on State and Local Government and the Joint Standing Committee on Appropriations and Financial Affairs by January 15, 2012 on the development and implementation of the website improvements.

Sec. NNN-4. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 5 of this Part that applies against each General Fund account for all departments and agencies from savings associated with publishing adopted rule notices only on the publicly accessible website and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2011-12 and fiscal year 2012-13. 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, 2012.

Sec. NNN-5. 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 requiring the Secretary of State to publish adopted rule notices only on the publicly accessible website.

GENERAL FUND	2011-12	2012-13
All Other	($116,000)	($116,000)
GENERAL FUND TOTAL	($116,000)	($116,000)

PART OOO

Sec. OOO-1. 10 MRSA §1023-J, first ¶,  as amended by PL 2003, c. 578, §8, is further amended to read:

The Agricultural Marketing Loan Fund, referred to in this section as the "fund," is created. The fund must be deposited with and maintained by the Finance Authority of Maine. The fund must be administered by the Commissioner of Agriculture, Food and Rural Resources in accordance with Title 7, chapter 101, subchapter 1-D. All money received by the Finance Authority of Maine from any source for the development and implementation of an improved agricultural marketing loan program must be credited to the fund. Any money credited to the fund from the issuance of bonds on behalf of the State for financing loans for agricultural enterprises may be used only for the following purposes: to provide assistance to agricultural enterprises in this State for the design, construction or improvement of commodity and storage buildings and packing and marketing facilities; for the purchase, construction or renovation of buildings, equipment, docks, wharves, piers or vessels used in connection with a commercial agricultural enterprise; for the purchase of land in connection with development of new cranberry acreage; for the purchase of land for irrigation reservoirs or to provide direct access to water for irrigation; for the purchase of land necessary for the start-up of a new agricultural enterprise; for the expansion of an existing agricultural enterprise when the land acquisition is necessary to comply with land use regulations; for the development of a business plan in accordance with the provisions of Title 7, section 436-A; for improvements to pastureland, including seeding and actions to promote rotational grazing; or, if the commissioner so approves at the time of loan insurance commitment, to pledge money in the fund as security for, and to apply money in the fund to, payment of principal, interest and other amounts due on any term loans insured by the Finance Authority of Maine to an eligible dairy farmer. Repayment of these loans and interest on these loans must be credited to the fund and may be used for the purposes stated in this section or Title 7, section 436. Interest earned on money in the fund and interest earned on loans made from the fund may be used to pay the administrative costs of processing loan applications and servicing and administering the fund and loans and grants made from the fund since the inception of the agricultural marketing loan program, to the extent that these costs exceed the fee for administrative costs established by Title 7, section 435, subsection 4.

PART PPP

Sec. PPP-1. 5 MRSA §937, sub-§1, ¶F,  as amended by PL 2007, c. 1, Pt. D, §1, is further amended to read:

Sec. PPP-2. 20-A MRSA §203, sub-§1, ¶F,  as amended by PL 2009, c. 571, Pt. W, §2, is further amended to read:

PART QQQ

Sec. QQQ-1. Elimination of vacant positions; calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings from the elimination of vacant positions in section 2 that applies against each General Fund account, Highway Fund account and All Other Funds accounts for all executive branch departments and agencies statewide, including the Department of the Attorney General, the Department of the Secretary of State and the Department of Audit, and transfer those savings and the headcount by financial order upon the approval of the Governor. These transfers are considered adjustments to authorized position count and appropriations and allocations in fiscal years 2011-12 and 2012-13 based on a report submitted to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Transportation in May 2011.

Sec. QQQ-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 from the elimination of 227.267 position count representing 259 positions as a result of the review of vacant positions statewide as authorized in Public Law 2011, chapter 1, Part R, section 1. This initiative represents the General Fund share of savings from the position eliminations.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	(61.500)	(61.500)
POSITIONS - FTE COUNT	(3.808)	(3.808)
Personal Services	($3,749,197)	($3,942,484)
GENERAL FUND TOTAL	($3,749,197)	($3,942,484)

PART RRR

Sec. RRR-1. Transfer from unappropriated surplus; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer $4,000,000 during fiscal year 2011-12 from the General Fund unappropriated surplus to the Maine Budget Stabilization Fund within the Department of Administrative and Financial Services.

Sec. RRR-2. Transfer from Unclaimed Property Fund; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer any amounts transferred from the Unclaimed Property Fund account in the Office of the Treasurer of State to the General Fund pursuant to the Maine Revised Statutes, Title 33, section 1964 at the close of the fiscal year ending June 30, 2011 that exceed $2,333,420 to the Maine Budget Stabilization Fund within the Department of Administrative and Financial Services.

PART SSS

Sec. SSS-1. 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 transferred on or before January 1, 2013, from the General Fund to the Maine Clean Election Fund on or before September 1, 2012 in order to ensure that adequate funds will be available to the Commission on Governmental Ethics and Election Practices.

PART TTT

Sec. TTT-1. Transfer; Fund for a Healthy Maine; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $1,375,000 by June 30, 2012 and $3,240,445 by June 30, 2013 from the Fund for a Healthy Maine, Other Special Revenue Funds account in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund.

PART UUU

Sec. UUU-1. 5 MRSA §1591, sub-§2, ¶A,  as amended by PL 2011, c. 1, Pt. O, §1, is further amended to read:

Sec. UUU-2. 5 MRSA §1591, sub-§2, ¶B  as enacted by PL 2011, c. 1, Pt. O, §2, is amended to read:

Sec. UUU-3. 5 MRSA §1591, sub-§2, ¶C  is enacted to read:

PART VVV

Sec. VVV-1. Standardized room and board rates; children's private nonmedical institution services; revision of agency rules. The Department of Health and Human Services shall revise its rules to standardize the room and board rates paid to providers of children's private nonmedical institution services. These rate changes must maintain costs within existing resources. In standardizing rates, the department shall consider room and board costs that are influenced by the acuity of the needs of the child and cost of care, the size of the private nonmedical institution and cost factors that vary by region of the State. In the process of developing standardized rates, the department shall include representatives of providers of private nonmedical institution services from across the State, from a variety of types of service and from small, medium and large facilities. Rules adopted pursuant to this section are major substantive rules as required by the Maine Revised Statutes, Title 22, section 3174-Z. Rules adopted pursuant to this section may not take effect prior to February 1, 2012.

PART WWW

Sec. WWW-1. 2 MRSA §6, sub-§3,  as repealed and replaced by PL 2005, c. 683, Pt. A, §2, is amended to read:

Sec. WWW-2. 2 MRSA §10  is enacted to read:

§ 10.  Governor's Office of Communications

Sec. WWW-3. Review of statewide communications functions to improve efficiency and cost-effectiveness. The Director of the Governor's Office of Communications, established in the Maine Revised Statutes, Title 2, section 10, shall conduct a statewide review of positions currently responsible for communications internal and external to state departments and agencies in order to identify positions for transfer to the Governor's Office of Communications. To assist with this review, the director shall use staff resources from the Department of Administrative and Financial Services, Bureau of the Budget and Bureau of Human Resources and must be provided staff resources from personnel of other agencies. The director is authorized to identify savings and position eliminations to the General Fund and other funds from the improvements identified from the review. 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. These transfers are considered adjustments to authorized position count, appropriations and allocations in fiscal years 2011-12 and 2012-13. The State Budget Officer shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report of the transferred positions and amounts no later than October 1, 2011.

Sec. WWW-4. Transition. Notwithstanding any other provision of law, employees of departments or agencies within the State who were employees immediately prior to the effective date of this Part retain all their employee rights, privileges and benefits, including sick leave, vacation and seniority, provided under the Civil Service Law, collective bargaining agreements and current state personnel policies. The Department of Administrative and Financial Services, Bureau of Human Resources shall provide assistance to the affected departments and agencies and shall assist with the orderly implementation of this Part.

PART XXX

Sec. XXX-1. 22 MRSA §3187, last ¶,  as enacted by PL 2003, c. 684, §1, is amended to read:

Rules regarding principles of reimbursement for intermediate care facilities for the mentally retarded adopted pursuant to section 3173 are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A , except that rules adopted to establish an approval process for capital expenditures to renovate or construct intermediate care facilities for the mentally retarded are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

PART YYY

Sec. YYY-1. Lapse available balance. Notwithstanding any other provision of law, at the close of fiscal year 2010-11, the State Controller shall lapse $2,800,000 from the General Purpose Aid for Local Schools General Fund account within the Department of Education representing fiscal year 2010-11 excess funding for state wards and state agency clients to the unappropriated surplus of the General Fund.

PART ZZZ

Sec. ZZZ-1. Implementation of recommendations of natural resources agency task force. By February 15, 2012, the Governor shall implement recommendations of the 2008 plan developed by the natural resources agency task force appointed by the Governor to implement Public Law 2007, chapter 539, Part YY, section 2 to:

1. Execute a memorandum of understanding between the Department of Inland Fisheries and Wildlife and the Department of Conservation on a system of unified management of all state boat launch facilities under their jurisdictions;

2. Develop a plan for collocating natural resources agencies and staff currently located in various regional offices to increase communication and collaboration; and

3. Develop a plan for a rational alignment of districts for natural resources agencies to increase communication and collaboration among staff members and between agencies and the local government and citizens of those districts.

Sec. ZZZ-2. Report. By February 15, 2012, the Commissioner of Conservation and the Commissioner of Inland Fisheries and Wildlife shall provide a copy of the memorandum of understanding executed under section 1, subsection 1 to the Joint Standing Committee on Appropriations and Financial Affairs. By February 15, 2012, the Commissioner of Conservation, the Commissioner of Inland Fisheries and Wildlife, the Commissioner of Agriculture, Food and Rural Resources, the Commissioner of Environmental Protection and the Commissioner of Marine Resources shall provide the Joint Standing Committee on Appropriations and Financial Affairs a report on the plans developed under section 1, subsections 2 and 3.

PART AAAA

Sec. AAAA-1. Judicial Department to coordinate drug court efforts. The Judicial Department shall coordinate drug court efforts within existing General Fund resources and authorized headcount. This activity was previously supported with a Fund for a Healthy Maine allocation, which was eliminated in Part A of this Act.

PART BBBB

Sec. BBBB-1. Transfer to General Fund; Accident, Sickness and Health Insurance Internal Service Fund. Notwithstanding any other provision of law, the State Controller shall transfer $1,900,000 representing the General Fund and Other Special Revenue Funds shares from the Accident, Sickness and Health Insurance Internal Service Fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund no later than June 30, 2012. The State Controller also shall transfer the equitable excess reserves as required by state law or federal regulations by June 30, 2012.

PART CCCC

Sec. CCCC-1. 36 MRSA §5142, sub-§8-A,  as enacted by PL 2005, c. 332, §22 and affected by §30, is repealed.

Sec. CCCC-2. 36 MRSA §5142, sub-§8-B  is enacted to read:

Sec. CCCC-3. 36 MRSA §5220, sub-§2,  as amended by PL 2005, c. 332, §23, is further amended to read:

Sec. CCCC-4. Application. This Part applies to tax years beginning on or after January 1, 2011.

PART DDDD

Sec. DDDD-1. 36 MRSA §1752, sub-§11-A  is enacted to read:

Sec. DDDD-2. 36 MRSA §1760, sub-§6, ¶E,  as amended by PL 2011, c. 240, §17, is further amended to read:

Sec. DDDD-3. 36 MRSA §1760, sub-§6, ¶F,  as amended by PL 2009, c. 211, Pt. B, §30, is further amended to read:

Sec. DDDD-4. 36 MRSA §1760, sub-§6, ¶G  is enacted to read:

Sec. DDDD-5. Retroactivity. This Part applies retroactively to tax years beginning on or after January 1, 2010.

Sec. DDDD-6. Effective date. This Part takes effect October 1, 2011.

PART EEEE

Sec. EEEE-1. 36 MRSA §2013, sub-§2,  as amended by PL 2001, c. 396, §24, is further amended to read:

Sec. EEEE-2. 36 MRSA §2013, sub-§3,  as amended by PL 2001, c. 396, §24, is further amended to read:

Sec. EEEE-3. Application. This Part applies to purchases of fuel for use in a commercial fishing vessel on or after October 1, 2011.

PART FFFF

Sec. FFFF-1. 36 MRSA §1760, sub-§93  is enacted to read:

Sec. FFFF-2. Retroactivity. This Part applies retroactively to January 1, 2004.

PART GGGG

Sec. GGGG-1. 36 MRSA §1760, sub-§23-C, ¶C,  as amended by PL 2005, c. 618, §2 and affected by §5, is further amended to read:

Sec. GGGG-2. 36 MRSA §1760, sub-§45, ¶A-3,  as amended by PL 2007, c. 691, §1 and affected by §2, is further amended to read:

Sec. GGGG-3. 36 MRSA §1760, sub-§88-A  is enacted to read:

PART HHHH

Sec. HHHH-1. 5 MRSA §13070-J, sub-§1, ¶D,  as amended by PL 2009, c. 337, §5, is further amended to read:

Sec. HHHH-2. 12 MRSA c. 903, sub-c. 8  is enacted to read:

SUBCHAPTER 8

MAINE FISHERY INFRASTRUCTURE TAX CREDIT PROGRAM

§ 10331.  Tax credit certificates

Sec. HHHH-3. 36 MRSA §5216-D  is enacted to read:

§ 5216-D.  Maine Fishery Infrastructure Investment Tax Credit Program

PART IIII

Sec. IIII-1. Personal Services balances authorized to carry; Department of Corrections. Notwithstanding any other provision of law, the Department of Corrections is authorized to carry up to $1,112,240 of fiscal year 2010-11 year-end balances in the Personal Services line category of General Fund accounts to fiscal year 2011-12 to be used for the purpose of paying the retroactive costs of the reclassifications, range changes and approved bargaining unit changes included in Part A of this Act. These balances may be transferred by financial order to the accounts from which these retroactive costs will be expended upon the recommendation of the State Budget Officer and approval of the Governor.

Sec. IIII-2. Position eliminations; Department of Corrections. No later than August 1, 2011, the Department of Corrections shall identify positions for elimination to achieve General Fund savings that are equal to or greater than the amount deappropriated from the Departmentwide - Corrections General Fund account in section 3. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings that applies against each account in the Department of Corrections and is authorized to transfer authorized headcount and Personal Services savings by financial order upon the approval of the Governor. These transfers are considered adjustments to authorized headcount and appropriations.

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

CORRECTIONS, DEPARTMENT OF

Departmentwide - Corrections Z096

Initiative: Reduces funding to offset the cost of reclassifications, range changes and bargaining unit changes included in several programs in Part A.

GENERAL FUND	2011-12	2012-13
Personal Services	($287,739)	($295,926)
GENERAL FUND TOTAL	($287,739)	($295,926)

PART JJJJ

Sec. JJJJ-1. Transfer; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer $29,700,000 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 2011-12 to offset a General Fund revenue shortfall.

PART KKKK

Sec. KKKK-1. Review of alternative sources of funding for emergency broadcast alerts. The Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency, in consultation with the Commissioner of Administrative and Financial Services, shall research the potential for federal funds to fund the cost of providing emergency broadcast alerts to the citizens of the State through the Maine Public Broadcasting Network. The agency shall report its findings on available federal resources no later than January 2, 2012 to the Joint Standing Committee on Criminal Justice and Public Safety and the Joint Standing Committee on Appropriations and Financial Affairs.

PART LLLL

Sec. LLLL-1. 37-B MRSA §1151, sub-§8,  as enacted by PL 1997, c. 742, §2, is amended to read:

Sec. LLLL-2. 37-B MRSA §1151, sub-§§9 to 11  are enacted to read:

Sec. LLLL-3. Transfer from General Fund unappropriated surplus; Bureau of Maine Veterans' Services, Fund for Women Veterans, Department of Defense, Veterans and Emergency Management. Notwithstanding any other provision of law, the State Controller shall transfer $20,000 by July 15, 2011 and $12,500 by July 15, 2012 from General Fund unappropriated surplus to the Bureau of Maine Veterans' Services, Fund for Women Veterans, Other Special Revenue Funds account within the Department of Defense, Veterans and Emergency Management.

PART MMMM

Sec. MMMM-1. Calculation and transfer; General Fund; Office of Information Technology. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in this Part from a decrease in charges made to the Department of Administrative and Financial Services, Office of Information Technology for its services that applies against each General Fund account for departments and agencies statewide. 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 2011-12 and 2012-13. 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, 2012.

Sec. MMMM-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 from implementing a decrease in charges made to the Department of Administrative and Financial Services, Office of Information Technology for its services. The savings to the Office of Information Technology are freezing merit and longevity payments and changes to pension and health insurance.

GENERAL FUND	2011-12	2012-13
All Other	($220,938)	($346,148)
GENERAL FUND TOTAL	($220,938)	($346,148)

PART NNNN

Sec. NNNN-1. Transfer; Other Special Revenue Funds; Office of Public Advocate; State Nuclear Safety Advisor; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $55,621 from available balances in the State Nuclear Safety Advisor, Other Special Revenue Funds account within the Office of the Public Advocate to the unappropriated surplus of the General Fund by June 30, 2012.

Sec. NNNN-2. Transfer; Other Special Revenue Funds; Office of Public Advocate; Railroad Freight Services Quality Fund; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $20,453 from available balances in the Railroad Freight Service Quality Fund, Other Special Revenue Funds account within the Office of the Public Advocate to the unappropriated surplus of the General Fund by June 30, 2012.

PART OOOO

Sec. OOOO-1. Judicial branch report on electronic filing. The judicial branch shall develop a plan to implement electronic filing for civil docket cases. The judicial branch shall submit the plan along with an estimate of the cost to implement electronic filing in civil docket cases to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Judiciary no later than February 1, 2012.

Sec. OOOO-2. Judicial branch report on audio broadcast. The judicial branch shall develop a plan to provide an audio broadcast of Law Court oral arguments. The judicial branch shall submit the plan along with an estimate of the cost to implement and maintain audio broadcasts of Law Court oral arguments to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Judiciary no later than February 1, 2012.

PART PPPP

Sec. PPPP-1. 28-A MRSA §606, sub-§2,  as amended by PL 2005, c. 539, §6, is further amended to read:

PART QQQQ

Sec. QQQQ-1. 3 MRSA §2, first ¶,  as amended by PL 2009, c. 213, Pt. LL, §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 , and except that the percentage increase may not exceed 3% beginning with the fiscal year ending June 30, 2014. 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 124th Legislature , and 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 125th Legislature and the First Regular Session and the Second Regular Session of the 126th Legislature, and any percentage change in the Consumer Price Index for the fiscal years ending June 30, 2011, June 30, 2012 and June 30, 2013 may not be applied to the base salary. 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. QQQQ-2. Legislative account; lapsed balances; Legislature, General Fund. Notwithstanding any other provision of law, $36,677 of unencumbered balance forward in the Personal Services line category and $65,800 in the All Other line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. These balances will be available as a result of reducing the length of the Second Regular Session of the 125th Legislature by one week. Additionally, $38,102 of unencumbered balance forward in the Personal Services line category and $65,800 in the All Other line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available as a result of reducing the length of the First Regular Session of the 126th Legislature by one week.

Notwithstanding any other provision of law, $593,672 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. In addition, $87,305 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available from health insurance savings resulting from those Legislators who decline health insurance coverage.

Notwithstanding any other provision of law, $1,777,681 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12.

Notwithstanding any other provision of law, $192,700 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2011-12. In addition, $526,512 of unencumbered balance forward in the Personal Services line category in the Legislature, General Fund account in the Legislature lapses to the General Fund in fiscal year 2012-13. These balances will be available as a result of implementing Personal Services cost-savings measures determined by the Legislative Council.

Sec. QQQQ-3. Legislative account; lapsed balances; Law and Legislative Reference Library, General Fund. Notwithstanding any other provision of law, $76,209 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 2011-12.

Notwithstanding any other provision of law, $11,235 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 2011-12. In addition, $31,777 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 2012-13. These balances will be available as a result of implementing Personal Services cost-savings measures determined by the Legislative Council.

Sec. QQQQ-4. Legislative account; lapsed balances; Office of Program Evaluation and Government Accountability, General Fund. Notwithstanding any other provision of law, $164,030 of unencumbered balance forward in the Personal Services line category and $50,000 in the All Other 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 2011-12.

Notwithstanding any other provision of law, $17,440 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 2011-12. In addition, $44,852 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 2012-13. These balances will be available as a result of implementing Personal Services cost-savings measures determined by the Legislative Council.

PART RRRR

Sec. RRRR-1. State Lottery Fund; reduction to expenses; transfer to General Fund. The Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services shall reduce costs of goods sold expenditures below budgeted amounts by $350,000 in fiscal year 2011-12 and $2,200,000 in fiscal year 2012-13 based on extending the lottery contract in fiscal year 2011-12 and from rebidding the existing contract in fiscal year 2012-13 in order to increase General Fund revenue by $350,000 in fiscal year 2011-12 and $2,200,000 in fiscal year 2012-13.

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

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Lottery Operations 0023

Initiative: Allocates funds to offset deallocations in Part A that were intended to recognize savings within the costs of goods sold account, which is not allocated by the Legislature. This allocation avoids an unintended reduction to lottery operating allocations.

STATE LOTTERY FUND	2011-12	2012-13
All Other	$350,000	$2,200,000
STATE LOTTERY FUND TOTAL	$350,000	$2,200,000

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