‘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, 2015, June 30, 2016 and June 30, 2017’
Amend the bill by striking out the title and substituting the following:
Amend the bill by striking out everything after the title and inserting the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and
Whereas, certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
PART C
Sec. C-1. 20-A MRSA §4251, as amended by PL 1989, c. 548, §2, is further amended to read:
§ 4251. Intent
The intent of this subchapter is to encourage school administrative units to place an increased emphasis on instruction and curriculum for all children ages 4 to 9 beginning at 4 years of age in public preschool programs to grade 2. This subchapter is not intended as a method of financing existing efforts but as a way of encouraging the development of new or expanded programs.
Sec. C-2. 20-A MRSA §4252, sub-§1, as enacted by PL 1983, c. 576, §1, is amended to read:
1. Class size. Reduce the student-teacher ratio class size in all classrooms within one or more grades, kindergarten through grade 3, to a recommended ratio of 15 to 1 and maximum ratio of 18 to 1;
Sec. C-3. 20-A MRSA §4722-A, sub-§4, as enacted by PL 2011, c. 669, §7, is amended to read:
4. Grants; contingent extension of full implementation. During the period of transition to proficiency-based graduation in accordance with this section, the department, if funds are available, shall make annual transition grants to each school administrative unit equal to 1/10 of 1% of the school administrative unit's total cost of education calculated under section 15688, subsection 1 to be used in the manner determined by the school administrative unit to fund the costs of the transition not otherwise subsidized by the State through the 2014-2015 school year. The date for implementation of the awarding of diplomas based on student demonstration of proficiency as described in this section is extended one year for each year for which transition grants are not made available to a school administrative unit or for which levels of general purpose aid for local schools fall below school year 2012-2013 levels. Beginning in the 2015-2016 school year, the department, if funds are available, shall make annual transition grants to each school administrative unit that operates schools equal to 1/9 of 1% of the school administrative unit's total cost of education calculated under section 15688, subsection 1 to be used in the manner determined by the school administrative unit to fund the costs of the transition not otherwise subsidized by the State.
Sec. C-4. 20-A MRSA §15671, sub-§1-A, as enacted by PL 2013, c. 368, Pt. C, §4, is amended to read:
1-A. State funding for kindergarten to grade 12 public education. Beginning in fiscal year 2015-16 2016-17 and in each fiscal year thereafter until the state share percentage of the total cost of funding public education from kindergarten to grade 12 reaches 55% pursuant to subsection 7, paragraph B, the State shall increase the state share percentage of the funding for the cost of essential programs and services by at least one percentage point per year over the percentage of the previous year and the department, in allocating funds, shall make this increase in funding a priority. For those fiscal years that the funding appropriated or allocated for the cost of essential programs and services is not sufficient to increase the state share percentage of the total cost of funding public education from kindergarten to grade 12 by at least one percentage point, no new programs or initiatives may be established for kindergarten to grade 12 public education within the department that would divert funds that would otherwise be distributed as general purpose aid for local schools pursuant to subsection 5.
Sec. C-5. 20-A MRSA §15671, sub-§5-A, as amended by PL 2013, c. 581, §6, is further amended to read:
5-A. Funds from casino slot machines or table games. Revenues received by the department from casino slot machines or casino table games pursuant to Title 8, section 1036, subsection 2-A, paragraph A or Title 8, section 1036, subsection 2-B, paragraph A must be distributed until the end of fiscal year 2014-15 as general purpose aid for local schools, and each school administrative unit shall make its own determination as to how to allocate these resources. Beginning in fiscal year 2015-16 2017-18, $4,000,000 in revenues must be distributed by the department to provide start-up funds for approved public preschool programs for children 4 years of age in accordance with chapter 203, subchapter 3. Neither the Governor nor the Legislature may divert the revenues payable to the department to any other fund or for any other use. Any proposal to enact or amend a law to allow distribution of the revenues paid to the department from casino slot machines or casino table games for another purpose must be submitted to the Legislative Council and to the joint standing committee of the Legislature having jurisdiction over education matters at least 30 days prior to any vote or public hearing on the proposal.
Sec. C-6. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2013, c. 595, Pt. C, §1, is further amended to read:
B. The annual targets for the state share percentage of the statewide adjusted total cost of the components of essential programs and services are as follows.
(1) For fiscal year 2005-06, the target is 52.6%.
(2) For fiscal year 2006-07, the target is 53.86%.
(3) For fiscal year 2007-08, the target is 53.51%.
(4) For fiscal year 2008-09, the target is 52.52%.
(5) For fiscal year 2009-10, the target is 48.93%.
(6) For fiscal year 2010-11, the target is 45.84%.
(7) For fiscal year 2011-12, the target is 46.02%.
(8) For fiscal year 2012-13, the target is 45.87%.
(9) For fiscal year 2013-14, the target is 47.29%.
(10) For fiscal year 2014-15, the target is 46.80%.
(11) For fiscal year 2015-16, the target is 47.39%.
Sec. C-7. 20-A MRSA §15671, sub-§7, ¶C, as amended by PL 2013, c. 595, Pt. C, §2, is further amended to read:
C. Beginning in fiscal year 2011-12, the annual targets for the state share percentage of the total cost of funding public education from kindergarten to grade 12 including the cost of the components of essential programs and services plus the state contributions to teacher retirement, retired teachers' health insurance and retired teachers' life insurance are as follows.
(1) For fiscal year 2011-12, the target is 49.47%.
(2) For fiscal year 2012-13, the target is 49.35%.
(3) For fiscal year 2013-14, the target is 50.44%.
(4) For fiscal year 2014-15, the target is 50.13%.
(5) For fiscal year 2015-16 and succeeding years, the target is 55% 49.94%.
(6) For fiscal year 2016-17 and succeeding years, the target is 55%.
Sec. C-8. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2013, c. 595, Pt. C, §3, is further amended to read:
B. For property tax years beginning on or after April 1, 2005, the commissioner shall calculate the full-value education mill rate that is required to raise the statewide total local share. The full-value education mill rate is calculated for each fiscal year by dividing the applicable statewide total local share by the applicable statewide valuation. The full-value education mill rate must decline over the period from fiscal year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-06 and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill rate must be applied according to section 15688, subsection 3-A, paragraph A to determine a municipality's local cost share expectation. Full-value education mill rates must be derived according to the following schedule.
(1) For the 2005 property tax year, the full-value education mill rate is the amount necessary to result in a 47.4% statewide total local share in fiscal year 2005-06.
(2) For the 2006 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2006-07.
(3) For the 2007 property tax year, the full-value education mill rate is the amount necessary to result in a 46.49% statewide total local share in fiscal year 2007-08.
(4) For the 2008 property tax year, the full-value education mill rate is the amount necessary to result in a 47.48% statewide total local share in fiscal year 2008-09.
(4-A) For the 2009 property tax year, the full-value education mill rate is the amount necessary to result in a 51.07% statewide total local share in fiscal year 2009-10.
(4-B) For the 2010 property tax year, the full-value education mill rate is the amount necessary to result in a 54.16% statewide total local share in fiscal year 2010-11.
(4-C) For the 2011 property tax year, the full-value education mill rate is the amount necessary to result in a 53.98% statewide total local share in fiscal year 2011-12.
(5) For the 2012 property tax year, the full-value education mill rate is the amount necessary to result in a 54.13% statewide total local share in fiscal year 2012-13.
(6) For the 2013 property tax year, the full-value education mill rate is the amount necessary to result in a 52.71% statewide total local share in fiscal year 2013-14.
(7) For the 2014 property tax year, the full-value education mill rate is the amount necessary to result in a 53.20% statewide total local share in fiscal year 2014-15.
(8) For the 2015 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45% 52.61% statewide total local share in fiscal year 2015-16 and after.
(9) For the 2016 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45% statewide total local share in fiscal year 2016-17 and after.
Sec. C-9. 20-A MRSA §15681-A, sub-§4, as amended by PL 2013, c. 595, Pt. C, §4, is further amended to read:
4. Career and technical education costs. Career and technical education costs in the base year adjusted to the year prior to the allocation year. This subsection does not apply to the 2015-16 2017-18 funding year and thereafter; and
Sec. C-10. 20-A MRSA §15688-A, sub-§1, as amended by PL 2013, c. 595, Pt. C, §5, is further amended to read:
1. Career and technical education costs. Beginning in fiscal year 2015-16 2017-18, the allocation for career and technical education must be based upon a program-driven model that considers components for direct instruction, central administration, supplies, operation and maintenance of plant, other student and staff support and equipment. Monthly payments must be made directly to school administrative units with career and technical education centers and directly to career and technical education regions. If a school administrative unit with a career and technical education center or a career and technical education region has any unexpended funds at the end of the fiscal year, these funds must be carried forward for the purposes of career and technical education.
Sec. C-11. 20-A MRSA §15688-A, sub-§§5 to 7 are enacted to read:
5. School improvement and support. The commissioner may expend and disburse funds to support school improvement activities in accordance with chapter 222.
6. National industry standards for career and technical education. The commissioner may expend and disburse funds to support enhancements to career and technical education programs that align those programs with national industry standards, in accordance with chapter 313.
7. Educator effectiveness. The commissioner may expend and disburse funds to support the implementation of performance evaluation and professional growth systems in accordance with chapter 508.
Sec. C-12. 20-A MRSA §15689, sub-§2, ¶C is enacted to read:
C. Beginning in fiscal year 2016-17, the debt service adjustment in this subsection must be applied to each member municipality of a school administrative district, community school district and regional school unit.
Sec. C-13. 20-A MRSA §15689-A, sub-§18, as amended by PL 2009, c. 213, Pt. C, §13, is further amended to read:
18. Coordination of services for juvenile offenders. The commissioner may pay certain costs attributed to staff support consisting of 2 Education Specialist II positions and 2 Office Associate II positions and associated operating costs for providing coordination of education, treatment and other services for juvenile offenders at youth development centers in Charleston and South Portland. A transfer of All Other funds from the General Purpose Aid for Local Schools account to the All Other line category in the Special Services Team program General Fund account within the Department of Education sufficient to support the All Other costs in this subsection Personal Services and All Other line categories in the Long Creek Youth Development Center, General Fund account within the Department of Corrections sufficient to support one Education Specialist II position and one Office Associate II position and to the Mountain View Youth Development Center, General Fund account within the Department of Corrections sufficient to support one Education Specialist II position and one Office Associate II position may occur annually by financial order upon recommendation of the State Budget Officer and approval of the Governor.
Sec. C-14. 20-A MRSA §15905, sub-§1, ¶A, as amended by PL 2013, c. 44, §1, is further amended to read:
A. The state board may approve projects as long as no project approval will cause debt service costs, as defined in section 15672, subsection 2-A, paragraph A and pursuant to Resolve 2007, chapter 223, section 4, to exceed the maximum limits specified in Table 1 in subsequent fiscal years.
| Table 1 | |||
| Major Capital | Integrated, Consolidated Secondary and Postsecondary Project | ||
| Fiscal year | Maximum Debt Service Limit | Maximum Debt Service Limit | |
| 1990 | $ 48,000,000 | ||
| 1991 | $ 57,000,000 | ||
| 1992 | $ 65,000,000 | ||
| 1993 | $ 67,000,000 | ||
| 1994 | $ 67,000,000 | ||
| 1995 | $ 67,000,000 | ||
| 1996 | $ 67,000,000 | ||
| 1997 | $ 67,000,000 | ||
| 1998 | $ 67,000,000 | ||
| 1999 | $ 69,000,000 | ||
| 2000 | $ 72,000,000 | ||
| 2001 | $ 74,000,000 | ||
| 2002 | $ 74,000,000 | ||
| 2003 | $ 80,000,000 | ||
| 2004 | $ 80,000,000 | ||
| 2005 | $ 84,000,000 | ||
| 2006 | $ 90,000,000 | ||
| 2007 | $ 96,000,000 | ||
| 2008 | $100,000,000 | ||
| 2009 | $104,000,000 | ||
| 2010 | $108,000,000 | ||
| 2011 | $126,000,000 | ||
| 2012 | $116,000,000 | ||
| 2013 | $116,000,000 | ||
| 2014 | $126,000,000 | $10,000,000 | |
| 2015 | $126,000,000 | $10,000,000 | |
| 2016 | $126,000,000 | $10,000,000 | |
| 2017 | $126,000,000 | $10,000,000 | |
Sec. C-15. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 20-A, chapter 203, subchapter 2, in the subchapter headnote, the words "early childhood educational plans for children ages 4 to 9" are amended to read "early childhood educational plans for children in preschool to grade 2" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. C-16. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2015-16 is 8.28.
Sec. C-17. 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 2015-16 is as follows:
| 2015-16 | |||
| TOTAL | |||
| 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 | $1,872,709,385 | ||
| Total Debt Service Allocation | |||
| Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A | $87,869,709 | ||
| Enhancing Student Performance and Opportunity | $6,050,000 | ||
| Total Adjustments and Miscellaneous Costs | |||
| Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A | $68,563,541 | ||
| Total Normal Cost of Teacher Retirement | $37,291,090 | ||
 |
|||
| 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 2015-16 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B | $2,072,483,725 | ||
| Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2015-16 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423 excluding the normal cost of teacher retirement | $147,838,154 | ||
| Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2 | $42,586,047 | ||
| Total cost of funding public education from kindergarten to grade 12 | $2,262,907,926 | ||
Sec. C-18. 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, 2015 and ending June 30, 2016 is calculated as follows:
| 2015-16 | 2015-16 | ||
| 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 | $1,090,308,635 | $982,175,090 | |
| State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2015-16 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423 | $147,838,154 | ||
| State contribution to the total cost of funding public education from kindergarten to grade 12 | $1,130,013,244 | ||
Sec. C-19. Authorization of payments. 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-20. Limit of State's obligation. 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, 2015 and ending June 30, 2016.
Sec. C-21. Annual components review restructuring. Notwithstanding anything to the contrary in the Maine Revised Statutes, Title 20-A, section 15686-A, in fiscal years 2015-16, 2016-17 and 2017-18, the department shall review essential programs and services components as follows.
1. In fiscal year 2015-16, the review must be in accordance with Title 20-A, section 15686-A, subsection 2.
2. In fiscal year 2016-17, the review must be in accordance with Title 20-A, section 15686-A, subsection 3.
3. In fiscal year 2017-18, the review must be in accordance with Title 20-A, section 15686-A, subsection 1.
PART D
Sec. D-1. 30-A MRSA §5681, sub-§5, as amended by PL 2009, c. 213, Pt. S, §4 and affected by §16, is further amended to read:
5. Transfers to funds. No Prior to July 1, 2017, no later than the 10th day of each month, the State Controller shall transfer to the Local Government Fund 5% of the receipts during the previous month from the taxes imposed under Title 36, Parts 3 and 8, and Title 36, section 2552, subsection 1, paragraphs A to F and L, and credited to the General Fund without any reduction, except that the postage, state cost allocation program and programming costs of administering state-municipal revenue sharing may be paid by the Local Government Fund. Beginning July 1, 2017, no later than the 10th day of each month, the State Controller shall transfer to the Local Government Fund 2% of the receipts during the previous month from the taxes imposed under Title 36, Parts 3 and 8, and Title 36, section 2552, subsection 1, paragraphs A to F and L, and credited to the General Fund without any reduction, except that the postage, state cost allocation program and programming costs of administering state-municipal revenue sharing may be paid by the Local Government Fund. A percentage share of the amounts transferred to the Local Government Fund each month must be transferred to the Disproportionate Tax Burden Fund and distributed pursuant to subsection 4-B as follows:
C. For months beginning on or after July 1, 2009 but before July 1, 2010, 15%;
D. For months beginning on or after July 1, 2010 but before July 1, 2011, 16%;
E. For months beginning on or after July 1, 2011 but before July 1, 2012, 17%;
F. For months beginning on or after July 1, 2012 but before July 1, 2013, 18%;
G. For months beginning on or after July 1, 2013 but before July 1, 2014, 19%; and
H. For months beginning on or after July 1, 2014, 20%.
Sec. D-2. 30-A MRSA §5681, sub-§5-C, as amended by PL 2013, c. 368, Pt. J, §1, is further amended to read:
5-C. Transfers to General Fund. For the months beginning on or after July 1, 2009, $25,383,491 in fiscal year 2009-10, $38,145,323 in fiscal year 2010-11, $40,350,638 in fiscal year 2011-12, $44,267,343 in fiscal year 2012-13, $73,306,246 in fiscal year 2013-14 and , $85,949,391 in fiscal year 2014-15 and the variance between the actual monthly calculation by the State Controller and the targeted total state-municipal revenue sharing of $62,500,000 in fiscal years 2015-16 and 2016-17 pursuant to subsection 5-D from the total transfers pursuant to subsection 5 must be transferred to General Fund undedicated revenue. The amounts transferred to General Fund undedicated revenue each fiscal year pursuant to this subsection must be deducted from the distributions required by subsections 4-A and 4-B based on the percentage share of the transfers to the Local Government Fund pursuant to subsection 5. The reductions in this subsection must be allocated to each month proportionately based on the budgeted monthly transfers to the Local Government Fund as determined at the beginning of the fiscal year.
Sec. D-3. 30-A MRSA §5681, sub-§5-D is enacted to read:
5-D. Fiscal years 2015-16 and 2016-17; calculation. The amounts transferred for state-municipal revenue sharing in fiscal years 2015-16 and 2016-17 by the distributions required by subsections 4-A and 4-B based on the percentage share of the transfers to the Local Government Fund pursuant to subsection 5 must be fixed to target total revenue sharing transfers at a level of $62,500,000. The reductions in this subsection must be allocated to each month proportionately based on the budgeted monthly transfers to the Local Government Fund as determined at the beginning of the fiscal year.
PART E
Sec. E-1. 5 MRSA §13090-K, sub-§2, as amended by PL 2013, c. 368, Pt. M, §1, is further amended to read:
2. Source of fund. Beginning July 1, 2003 and every July 1st thereafter, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to 5% of the 7% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811, for the first 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund as described by Title 30-A, section 5681, subsection 5, except that, from October 1, 2013 to June 30 December 31, 2015, the amount is equivalent to 5% of the 8% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811 and beginning July 1, 2016 the amount is equivalent to 5% of the 9% tax imposed pursuant to Title 36, section 1811. Beginning on October 1, 2003 and every October 1st thereafter, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to 5% of the 7% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811, for the last 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund, except that, from October 1, 2013 to June 30 December 31, 2015, the amount is equivalent to 5% of the 8% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811 and beginning October 1, 2016 the amount is equivalent to 5% of the 9% tax imposed pursuant to Title 36, section 1811. The tax amount must be based on actual sales for that fiscal year and may not consider any accruals that may be required by law. The amount transferred from General Fund sales and use tax revenues does not affect the calculation for the transfer to the Local Government Fund.
Sec. E-2. 36 MRSA §1752, sub-§3-B, as amended by PL 1999, c. 698, §1 and affected by §3, is further amended to read:
3-B. Grocery staples. "Grocery staples" means food products ordinarily consumed for human nourishment.
"Grocery staples" does not include spirituous, malt or vinous liquors; soft drinks, iced tea, sodas or beverages such as are ordinarily dispensed at bars or soda fountains or in connection with bars or soda fountains; medicines, tonics, vitamins and preparations in liquid, powdered, granular, tablet, capsule, lozenge or pill form, sold as dietary supplements or adjuncts, except when sold on the prescription of a physician; water, including mineral bottled and carbonated waters and ice; dietary substitutes; candy and confections; and prepared food. :
A. Spirituous, malt or vinous liquors;
B. Medicines, tonics, vitamins and preparations in liquid, powdered, granular, tablet, capsule, lozenge or pill form, sold as dietary supplements or adjuncts, except when sold on the prescription of a physician;
C. Water, including mineral bottled and carbonated waters and ice;
D. Dietary substitutes;
E. Candy and confections, including but not limited to confectionery spreads. As used in this paragraph, "candy" means a preparation of sugar, honey or other natural or artificial sweeteners in combination with chocolate, fruits, nuts or other ingredients or flavorings in the form of bars, drops or pieces;
F. Prepared food; and
G. The following food and drinks ordinarily sold for consumption without further preparation:
(1) Soft drinks and powdered and liquid drink mixes except powdered milk, infant formula, coffee and tea;
(2) Sandwiches and salads;
(3) Supplemental meal items such as corn chips, potato chips, crisped vegetable or fruit chips, potato sticks, pork rinds, pretzels, crackers, popped popcorn, cheese sticks, cheese puffs and dips;
(4) Fruit bars, granola bars, trail mix, breakfast bars, rice cakes, popcorn cakes, bread sticks and dried sugared fruit;
(5) Nuts and seeds that have been processed or treated by salting, spicing, smoking, roasting or other means;
(6) Desserts and bakery items, including but not limited to doughnuts, cookies, muffins, dessert breads, pastries, croissants, cakes, pies, ice cream cones, ice cream, ice milk, frozen confections, frozen yogurt, sherbet, ready-to-eat pudding, gelatins and dessert sauces; and
(7) Meat sticks, meat jerky and meat bars.
As used in this paragraph, "without further preparation" does not include combining an item with a liquid or toasting, microwaving or otherwise heating or thawing a product for palatability rather than for the purpose of cooking the product.
"Grocery staples" includes bread and bread products, jam, jelly, pickles, honey, condiments, maple syrup, spaghetti sauce or salad dressing when packaged as a separate item for retail sale.
Sec. E-3. 36 MRSA §1752, sub-§14-F is enacted to read:
14-F. Soft drinks. "Soft drinks" means nonalcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" does not include beverages that contain milk or milk products; that contain soy, rice or similar milk substitutes; or that contain greater than 50% vegetable or fruit juice by volume.
Sec. E-4. 36 MRSA §1811, first ¶, as repealed and replaced by PL 2013, c. 588, Pt. E, §11, is amended to read:
A tax is imposed on the value of all tangible personal property, products transferred electronically and taxable services sold at retail in this State. The rate of tax is 7% on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43; 7% on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp; 10% on the value of rental for a period of less than one year of an automobile, of a pickup truck or van with a gross vehicle weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles or of a loaner vehicle that is provided other than to a motor vehicle dealer's service customers pursuant to a manufacturer’s or dealer’s warranty; 7% on the value of prepared food; and 5% on the value of all other tangible personal property and taxable services and products transferred electronically. Notwithstanding the other provisions of this section, from October 1, 2013 to June 30 December 31, 2015, the rate of tax is 8% on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp; 8% on the value of prepared food; 8% on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43; and 5.5% on the value of all other tangible personal property and taxable services and products transferred electronically. Notwithstanding the other provisions of this section, beginning January 1, 2016, the rate of tax is 9% on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp; 9% on the value of prepared food; 9% on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43; and 5.5% on the value of all other tangible personal property and taxable services and products transferred electronically. Value is measured by the sale price, except as otherwise provided. The value of rental for a period of less than one year of an automobile or of a pickup truck or van with a gross vehicle weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles is the total rental charged to the lessee and includes, but is not limited to, maintenance and service contracts, drop-off or pick-up fees, airport surcharges, mileage fees and any separately itemized charges on the rental agreement to recover the owner’s estimated costs of the charges imposed by government authority for title fees, inspection fees, local excise tax and agent fees on all vehicles in its rental fleet registered in the State. All fees must be disclosed when an estimated quote is provided to the lessee.
PART F
Sec. F-1. 36 MRSA §2551, sub-§1-I is enacted to read:
1-I. Business. "Business" means a commercial activity engaged in as a means of livelihood or profit or an entity that engages in such activities.
Sec. F-2. 36 MRSA §2551, sub-§2, as amended by PL 2005, c. 12, Pt. TTT, §2 and affected by §4, is further amended to read:
2. Cable and satellite television or radio services. " Extended cable Cable and satellite television or radio services" means all cable and satellite television service that is in addition to the minimum service that can be purchased from a cable or satellite television supplier or radio services, including the installation or use of associated equipment , for which a charge is made. It does not include installation of the associated equipment for which a separate charge is levied.
Sec. F-3. 36 MRSA §2552, sub-§1, as amended by PL 2013, c. 331, Pt. C, §14 and amended by c. 368, Pt. OOOO, §§2 to 4, is further amended to read:
1. Rate. A Effective January 1, 2016, a tax at the rate of 5% 6% is imposed on the value of the following services sold in this State:
A. Extended cable Cable and satellite television or radio services;
B. Fabrication services;
C. Rental of video media and video equipment;
D. Rental of furniture, audio media and audio equipment pursuant to a rental-purchase agreement as defined in Title 9-A, section 11-105;
E. Telecommunications services;
F. The installation, maintenance or repair of telecommunications equipment;
G. Private nonmedical institution or personal home care services;
H. Community support services for persons with mental health diagnoses;
I. Community support services for persons with intellectual disabilities or autism;
J. Home support services;
L. Ancillary services; and
M. Group residential services for persons with brain injuries.
Sec. F-4. 36 MRSA §2557, sub-§33, as amended by PL 2009, c. 434, §32, is further amended to read:
33. International telecommunications service. Sales of international telecommunications service to a business for use directly in that business;
Sec. F-5. 36 MRSA §2557, sub-§34, as amended by PL 2009, c. 434, §33, is further amended to read:
34. Interstate telecommunications service. Sales of interstate telecommunications service to a business for use directly in that business;
Sec. F-6. Effective date. This Part takes effect January 1, 2016.
PART G
Sec. G-1. 36 MRSA §5111, sub-§1-D, as enacted by PL 2013, c. 368, Pt. Q, §4, is amended to read:
1-D. Single individuals and married persons filing separate returns; tax years beginning 2014 and 2015. For tax years beginning on or after January 1, in 2014 or 2015, for single individuals and married persons filing separate returns:
| If Maine Taxable income is: | The tax is: |
| At least $5,200 but less than $20,900 | 6.5% of the excess over $5,200 |
| $20,900 or more | $1,021 plus 7.95% of the excess over $20,900 |
Sec. G-2. 36 MRSA §5111, sub-§§1-E, 1-F, 1-G and 1-H are enacted to read:
1-E. Single individuals and married persons filing separate returns; tax years beginning 2016. For tax years beginning in 2016, for single individuals and married persons filing separate returns:
| If Maine Taxable income is: | The tax is: |
| At least $5,250 but less than $30,000 | 5.75% of the excess over $5,250 |
| $30,000 or more | $1,423 plus 7.15% of the excess over $30,000 |
1-F. Single individuals and married persons filing separate returns; tax years beginning 2017. For tax years beginning in 2017, for single individuals and married persons filing separate returns:
| If Maine Taxable income is: | The tax is: |
| At least $5,350 but less than $30,000 | 5.7% of the excess over $5,350 |
| $30,000 or more | $1,405 plus 7% of the excess over $30,000 |
1-G. Single individuals and married persons filing separate returns; tax years beginning 2018. For tax years beginning in 2018, for single individuals and married persons filing separate returns:
| If Maine Taxable income is: | The tax is: |
| At least $5,400 but less than $30,000 | 5.4% of the excess over $5,400 |
| $30,000 or more | $1,328 plus 6.6% of the excess over $30,000 |
1-H. Single individuals and married persons filing separate returns; tax years beginning on or after 2019. For tax years beginning on or after January 1, 2019, for single individuals and married persons filing separate returns:
| If Maine Taxable income is: | The tax is: |
| At least $5,550 but less than $24,350 | 5% of the excess over $5,550 |
| $30,000 or more | $1,223 plus 6.2% of the excess over $30,000 |
Sec. G-3. 36 MRSA §5111, sub-§2-D, as enacted by PL 2013, c. 368, Pt. Q, §6, is amended to read:
2-D. Heads of households; tax years beginning 2014 and 2015. For tax years beginning on or after January 1, in 2014 and 2015, for unmarried individuals or legally separated individuals who qualify as heads of households:
| If Maine Taxable income is: | The tax is: |
| At least $7,850 but less than $31,350 | 6.5% of the excess over $7,850 |
| $31,350 or more | $1,528 plus 7.95% of the excess over $31,350 |
Sec. G-4. 36 MRSA §5111, sub-§§2-E, 2-F, 2-G and 2-H are enacted to read:
2-E. Heads of households; tax years beginning 2016. For tax years beginning in 2016, for unmarried individuals or legally separated individuals who qualify as heads of households:
| If Maine Taxable income is: | The tax is: |
| At least $7,900 but less than $45,000 | 5.75% of the excess over $7,900 |
| $45,000 or more | $2,106 plus 7.15% of the excess over $45,000 |
2-F. Heads of households; tax years beginning 2017. For tax years beginning in 2017, for unmarried individuals or legally separated individuals who qualify as heads of households:
| If Maine Taxable income is: | The tax is: |
| At least $8,050 but less than $45,000 | 5.7% of the excess over $8,050 |
| $45,000 or more | $2,032 plus 7% of the excess over $45,000 |
2-G. Heads of households; tax years beginning 2018. For tax years beginning in 2018, for unmarried individuals or legally separated individuals who qualify as heads of households:
| If Maine Taxable income is: | The tax is: |
| At least $8,150 but less than $45,000 | 5.4% of the excess over $8,150 |
| $45,000 or more | $1,990 plus 6.6% of the excess over $45,000 |
2-H. Heads of households; tax years beginning 2019. For tax years beginning in 2019, for unmarried individuals or legally separated individuals who qualify as heads of households:
| If Maine Taxable income is: | The tax is: |
| At least $8,350 but less than $45,000 | 5% of the excess over $8,350 |
| $45,000 or more | $1,833 plus 6.2% of the excess over $45,000 |
Sec. G-5. 36 MRSA §5111, sub-§3-D, as enacted by PL 2013, c. 368, Pt. Q, §8, is amended to read:
3-D. Individuals filing married joint return or surviving spouses; tax years beginning 2014 and 2015. For tax years beginning on or after January 1, in 2014 or 2015, for individuals filing married joint returns or surviving spouses permitted to file a joint return:
| If Maine Taxable income is: | The tax is: |
| At least $10,450 but less than $41,850 | 6.5% of the excess over $10,450 |
| $41,850 or more | $2,041 plus 7.95% of the excess over $41,850 |
Sec. G-6. 36 MRSA §5111, sub-§§3-E, 3-F, 3-G and 3-H are enacted to read:
3-E. Individuals filing married joint return or surviving spouses; tax years beginning 2016. For tax years beginning in 2016, for individuals filing married joint returns or surviving spouses permitted to file a joint return:
| If Maine Taxable income is: | The tax is: |
| At least $10,550 but less than $60,000 | 5.75% of the excess over $10,550 |
| $60,000 or more | $2,810 plus 7.15% of the excess over $60,000 |
3-F. Individuals filing married joint return or surviving spouses; tax years beginning 2017. For tax years beginning in 2017, for individuals filing married joint returns or surviving spouses permitted to file a joint return:
| If Maine Taxable income is: | The tax is: |
| At least $10,700 but less than $60,000 | 5.7% of the excess over $10,700 |
| $60,000 or more | $2,712 plus 7% of the excess over $60,000 |
3-G. Individuals filing married joint return or surviving spouses; tax years beginning 2018. For tax years beginning in 2018, for individuals filing married joint returns or surviving spouses permitted to file a joint return:
| If Maine Taxable income is: | The tax is: |
| At least $10,850 but less than $60,000 | 5.4% of the excess over $10,850 |
| $60,000 or more | $2,654 plus 6.6% of the excess over $60,000 |
3-H. Individuals filing married joint return or surviving spouses; tax years beginning 2019. For tax years beginning on or after January 1, 2019, for individuals filing married joint returns or surviving spouses permitted to file a joint return:
| If Maine Taxable income is: | The tax is: |
| At least $11,150 but less than $60,000 | 5% of the excess over $11,150 |
| $60,000 or more | $2,443 plus 6.2% of the excess over $60,000 |
Sec. G-7. 36 MRSA §5122, sub-§2, ¶M-1, as amended by PL 2013, c. 546, §13, is further amended to read:
M-1. For tax years beginning on or after January 1, 2014, but before January 1, 2016, for each individual who is a primary recipient of retirement plan benefits under an employee retirement plan or an individual retirement account, an amount that is the lesser of the aggregate of retirement plan benefits under employee retirement plans or individual retirement accounts included in the individual's federal adjusted gross income and the pension deduction amount reduced by the total amount of the individual's social security benefits and railroad retirement benefits paid by the United States, but not less than $0. The social security benefits and railroad retirement benefits reduction does not apply to benefits paid under a military retirement plan.
For purposes of this paragraph, the following terms have the following meanings.
(1) "Employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under the Code, Section 401(a), Section 403 or Section 457(b), except that distributions made pursuant to a Section 457(b) plan are not eligible for the deduction provided by this paragraph if they are made prior to age 55 and are not part of a series of substantially equal periodic payments made for the life of the primary recipient or the joint lives of the primary recipient and that recipient's designated beneficiary.
(2) "Individual retirement account" means an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a simplified employee pension under Section 408(k) of the Code or a simple retirement account for employees under Section 408(p) of the Code.
(3) "Military retirement plan" means retirement plan benefits received as a result of service in the active or reserve components of the Army, Navy, Air Force, Marines or Coast Guard.
(4) "Pension deduction amount" means $10,000 for tax years beginning on or after January 1, 2014.
(5) "Primary recipient" means the individual upon whose earnings or contributions the retirement plan benefits are based or the surviving spouse of that individual.
(6) "Retirement plan benefits" means employee retirement plan benefits, except pick-up contributions for which a subtraction is allowed under paragraph E, reported as pension or annuity income for federal income tax purposes and individual retirement account benefits reported as individual retirement account distributions for federal income tax purposes. "Retirement plan benefits" does not include distributions that are subject to the tax imposed by the Code, Section 72(t);
Sec. G-8. 36 MRSA §5122, sub-§2, ¶¶M-2 and M-3 are enacted to read:
M-2. For tax years beginning on or after January 1, 2016, for each individual who is a primary recipient of retirement plan benefits, an amount that is the lesser of the aggregate of retirement plan benefits under employee retirement plans or individual retirement accounts included in the individual’s federal adjusted gross income and the pension deduction amount reduced by the total amount of the individual’s social security benefits and railroad retirement benefits paid by the United States, but not less than $0.
For purposes of this paragraph, the following terms have the following meanings.
(1) "Employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under the Code, Section 401(a), Section 403 or Section 457(b), except that distributions made pursuant to a Section 457(b) plan are not eligible for the deduction provided by this paragraph if they are made prior to age 55 and are not part of a series of substantially equal periodic payments made for the life of the primary recipient or the joint lives of the primary recipient and that recipient's designated beneficiary. "Employee retirement plan" does not include a military retirement plan.
(2) "Individual retirement account" means an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a simplified employee pension under Section 408(k) of the Code or a simple retirement account for employees under Section 408(p) of the Code.
(3) "Military retirement plan" means retirement plan benefits received as a result of service in the active or reserve components of the Army, Navy, Air Force, Marines or Coast Guard.
(4) "Pension deduction amount" means:
(a) Ten thousand dollars for tax years beginning before January 1, 2016;
(b) Eleven thousand two hundred fifty dollars for tax years beginning in 2016;
(c) Twelve thousand five hundred dollars for tax years beginning in 2017;
(d) Thirteen thousand seven hundred fifty dollars for tax years beginning in 2018; and
(e) Fifteen thousand dollars for tax years beginning on or after January 1, 2019.
(5) "Primary recipient" means the individual upon whose earnings or contributions the retirement plan benefits are based or the surviving spouse of that individual.
(6) "Retirement plan benefits" means employee retirement plan benefits, except pick-up contributions for which a subtraction is allowed under paragraph E, reported as pension or annuity income for federal income tax purposes and individual retirement account benefits reported as individual retirement account distributions for federal income tax purposes. “Retirement plan benefits” does not include distributions that are subject to the tax imposed by the Code, Section 72(t).
M-3. For tax years beginning on or after January 1, 2016, to the extent included in federal adjusted gross income, benefits received under a military retirement plan. For the purpose of this paragraph, "military retirement plan" has the same meaning as under paragraph M-2, subparagraph (3).
Sec. G-9. 36 MRSA §5122, sub-§2, ¶T, as amended by PL 2005, c. 519, Pt. LLL, §1 and c. 622, §26, is repealed.
Sec. G-10. 36 MRSA §5122, sub-§2, ¶Y, as amended by PL 2007, c. 539, Pt. CCC, §6 and c. 689, §1 and affected by §4, is repealed.
Sec. G-11. 36 MRSA §5125, sub-§3, ¶C, as amended by PL 2003, c. 390, §34, is further amended to read:
C. Reduced by any amount of deduction attributable to income taxable to financial institutions under chapter 819; and
Sec. G-12. 36 MRSA §5125, sub-§3, ¶D, as amended by PL 2011, c. 380, Pt. N, §8 and affected by §§19 and 20, is further amended to read:
D. Reduced by any amount attributable to interest or expenses incurred in the production of income exempt from tax under this Part ; and .
Sec. G-13. 36 MRSA §5125, sub-§3, ¶E, as amended by PL 2011, c. 380, Pt. N, §9 and affected by §§19 and 20, is repealed.
Sec. G-14. 36 MRSA §5125, sub-§4, as amended by PL 2013, c. 595, Pt. T, §1 and affected by §2, is further amended to read:
4. Limitation. The total itemized deductions from Maine adjusted gross income claimed on a return may not exceed $27,500 the following amounts, except the limitation does not apply to medical and dental expenses included in an individual's itemized deductions from federal adjusted gross income . :
A. For tax years beginning before January 1, 2016, $27,500;
B. For tax years beginning in 2016, $25,000;
C. For tax years beginning in 2017, $26,500;
D. For tax years beginning in 2018, $28,000; and
E. For tax years beginning on or after January 1, 2019, $29,500;
Sec. G-15. 36 MRSA §5200, sub-§1, as amended by PL 2005, c. 618, §6 and affected by §22, is further amended to read:
1. Imposition and rate of tax prior to 2017. A For tax years beginning prior to January 1, 2017, a tax is imposed for each taxable year at the following rates on each taxable corporation and on each group of corporations that derives income from a unitary business carried on by 2 or more members of an affiliated group:
| If the income is: | The tax is: |
| Not over $25,000 | 3.5% of the income |
| $25,000 but not over $75,000 | $875 plus 7.93% of the excess over $25,000 |
| $75,000 but not over $250,000 | $4,840 plus 8.33% of the excess over $75,000 |
| $250,000 or more | $19,418 plus 8.93% of the excess over $250,000 |
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable only by Maine, the rates provided in this subsection are applied only to the first $250,000 of the Maine net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the Maine net income of the entire group is taxed at 8.93%.
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable both within and without this State, the rates provided in this subsection are applied only to the first $250,000 of the net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the net income of the entire group is taxed at 8.93%.
Sec. G-16. 36 MRSA §5200, sub-§§1-A, 1-B and 1-C are enacted to read:
1-A. Imposition and rate of tax beginning 2017. For tax years beginning in 2017, a tax is imposed for each taxable year at the following rates on each taxable corporation and on each group of corporations that derives income from a unitary business carried on by 2 or more members of an affiliated group:
| If the income is: | The tax is: |
| Not over $25,000 | 3.5% of the income |
| $25,000 but not over $75,000 | $875 plus 7.93% of the excess over $25,000 |
| $75,000 or more | $4,840 plus 8.33% of the excess over $75,000 |
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable only by Maine, the rates provided in this subsection are applied only to the first $75,000 of the Maine net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the Maine net income of the entire group is taxed at 8.33%.
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable both within and without this State, the rates provided in this subsection are applied only to the first $75,000 of the net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the net income of the entire group is taxed at 8.33%.
1-B. Imposition and rate of tax beginning 2018. For tax years beginning in 2018, a tax is imposed for each taxable year at the following rates on each taxable corporation and on each group of corporations that derives income from a unitary business carried on by 2 or more members of an affiliated group:
| If the income is: | The tax is: |
| Not over $25,000 | 3.5% of the income |
| $25,000 or more | $875 plus 7.93% of the excess over $25,000 |
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable only by Maine, the rates provided in this subsection are applied only to the first $25,000 of the Maine net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the Maine net income of the entire group is taxed at 7.93%.
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable both within and without this State, the rates provided in this subsection are applied only to the first $25,000 of the net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the net income of the entire group is taxed at 7.93%.
1-C. Imposition and rate of tax beginning 2019. For tax years beginning on or after January 1, 2019, a tax is imposed for each taxable year at the following rates on each taxable corporation and on each group of corporations that derives income from a unitary business carried on by 2 or more members of an affiliated group:
| If the income is: | The tax is: |
| Not over $25,000 | 3.5% of the income |
| $25,000 or more | $875 plus 7.5% of the excess over $25,000 |
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable only by Maine, the rates provided in this subsection are applied only to the first $25,000 of the Maine net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the Maine net income of the entire group is taxed at 7.5%.
In the case of an affiliated group of corporations engaged in a unitary business with activity taxable both within and without this State, the rates provided in this subsection are applied only to the first $25,000 of the net income of the entire group and must be apportioned equally among the taxable corporations unless those taxable corporations jointly elect a different apportionment. The balance of the net income of the entire group is taxed at 7.5%.
Sec. G-17. 36 MRSA §5203-C, sub-§2, as amended by PL 2011, c. 380, Pt. N, §§12 and 13 and affected by §19, is further amended to read:
2. Tax imposed. In addition to all other taxes contained in this Part, a tax in an amount equal to the alternative minimum tax is imposed for each taxable year on the following taxpayers:
A. Resident individuals, trusts and estates. The tax imposed by this subsection does not apply to resident individuals, trusts and estates for tax years beginning on or after January 1, 2012;
B. Nonresident individuals, trusts and estates with Maine-source income. The tax imposed by this subsection does not apply to nonresident individuals, trusts and estates for tax years beginning on or after January 1, 2012; and
C. Taxable corporations required to file an income tax return under this Part, excluding financial institutions subject to the tax imposed by chapter 819 and persons not subject to the federal alternative minimum tax under the Code, Section 55(e).
The tax imposed by this subsection does not apply to taxable corporations for tax years beginning on or after January 1, 2016.
Sec. G-18. 36 MRSA §5215, sub-§6-C is enacted to read:
6-C. Application. Except for the credit allowed with respect to the carry-over of unused credit amounts pursuant to subsection 4, the tax credit allowed under this section does not apply to tax years beginning on or after January 1, 2016.
Sec. G-19. 36 MRSA §5216-C, as enacted by PL 1999, c. 475, §6 and affected by §7, is repealed.
Sec. G-20. 36 MRSA §5217, sub-§5 is enacted to read:
5. Application. Except for the credit allowed with respect to the carry-over of unused credit amounts pursuant to subsection 3, the tax credit allowed under this section does not apply to tax years beginning on or after January 1, 2016.
Sec. G-21. 36 MRSA §5217-C, sub-§4 is enacted to read:
4. Application. Except for the credit allowed with respect to the carry-over of unused credit amounts pursuant to subsection 3, the tax credit allowed under this section does not apply to tax years beginning on or after January 1, 2016.
Sec. G-22. 36 MRSA §5218, as amended by PL 2005, c. 519, Pt. DD, §§1 to 3, is further amended to read:
§ 5218. Income tax credit for child care expenses
1. Resident taxpayer. A For tax years beginning prior to January 1, 2016, a resident individual is allowed a credit against the tax otherwise due under this Part in the amount of 25% of the federal tax credit allowable for child and dependent care expenses in the same tax year, except that for tax years beginning in 2003, 2004 and 2005, the applicable percentage is 21.5% instead of 25%.
For tax years beginning on or after January 1, 2016, a resident individual is allowed a credit against the tax otherwise due under this Part in the amount of 50% of the federal tax credit allowable for child and dependent care expenses in the same tax year.
2. Nonresident taxpayer. A For tax years beginning prior to January 1, 2016, a nonresident individual is allowed a credit against the tax otherwise due under this Part in the amount of 25% of the federal tax credit allowable for child and dependent care expenses multiplied by the ratio of the individual's Maine adjusted gross income, as defined in section 5102, subsection 1-C, paragraph B, to the individual's entire federal adjusted gross income, as modified by section 5122, except that for tax years beginning in 2003, 2004 and 2005, the applicable percentage is 21.5% instead of 25%.
For tax years beginning on or after January 1, 2016, a nonresident individual is allowed a credit against the tax otherwise due under this Part in the amount of 50% of the federal tax credit allowable for child and dependent care expenses multiplied by the ratio of the individual's Maine adjusted gross income, as defined in section 5102, subsection 1-C, paragraph B, to the individual's entire federal adjusted gross income, as modified by section 5122.
2-A. Part-year resident taxpayer. An For tax years beginning prior to January 1, 2016, an individual who files a return as a part-year resident in accordance with section 5224-A is allowed a credit against the tax otherwise due under this Part in the amount of 25%, except that for tax years beginning in 2003, 2004 and 2005 the applicable percentage is 21.5%, instead of 25%, of the federal tax credit allowable for child and dependent care expenses multiplied by a ratio, the numerator of which is the individual's Maine adjusted gross income as defined in section 5102, subsection 1-C, paragraph A for that portion of the taxable year during which the individual was a resident plus the individual's Maine adjusted gross income as defined in section 5102, subsection 1-C, paragraph B for that portion of the taxable year during which the individual was a nonresident and the denominator of which is the individual's entire federal adjusted gross income, as modified by section 5122.
For tax years beginning on or after January 1, 2016, an individual who files a return as a part-year resident in accordance with section 5224-A is allowed a credit against the tax otherwise due under this Part in the amount of 50% of the federal tax credit allowable for child and dependent care expenses multiplied by a ratio, the numerator of which is the individual's Maine adjusted gross income as defined in section 5102, subsection 1-C, paragraph A for that portion of the taxable year during which the individual was a resident plus the individual's Maine adjusted gross income as defined in section 5102, subsection 1-C, paragraph B for that portion of the taxable year during which the individual was a nonresident and the denominator of which is the individual's entire federal adjusted gross income, as modified by section 5122.
3. Quality child care services. The For tax years beginning prior to January 1, 2016, the credit provided by subsections 1, 2 and 2-A doubles in amount if the child care expenses were incurred through the use of quality child care services as defined in section 5219-Q, subsection 1.
4. Refund. The credit allowed by this section may result in a refund of up to $500. In the case of a nonresident individual, the refundable portion of the credit may not exceed $500 multiplied by the ratio of the individual's Maine adjusted gross income, as defined in section 5102, subsection 1-C, paragraph B, to the individual's entire federal adjusted gross income, as modified by section 5122. In the case of an individual who files a return as a part-year resident in accordance with section 5224-A, the refundable portion of the credit may not exceed $500 multiplied by a ratio, the numerator of which is the individual's Maine adjusted gross income as defined in section 5102, subsection 1-C, paragraph A for that portion of the taxable year during which the individual was a resident plus the individual's Maine adjusted gross income as defined in section 5102, subsection 1-C, paragraph B for that portion of the taxable year during which the individual was a nonresident and the denominator of which is the individual's entire federal adjusted gross income, as modified by section 5122.
Sec. G-23. 36 MRSA §5219-A, as amended by PL 2003, c. 390, §§46 and 47, is repealed.
Sec. G-24. 36 MRSA §5219-C, as amended by PL 2007, c. 627, §90, is repealed.
Sec. G-25. 36 MRSA §5219-M, sub-§7 is enacted to read:
7. Application. Except for the credit allowed with respect to the carry-over of unused credit amounts pursuant to subsection 5, the tax credit allowed under this section does not apply to tax years beginning on or after January 1, 2016.
Sec. G-26. 36 MRSA §5219-O, sub-§5 is enacted to read:
5. Application. Except for the credit allowed with respect to the carry-over of unused credit amounts pursuant to subsection 4, the tax credit allowed under this section does not apply to tax years beginning on or after January 1, 2016.
Sec. G-27. 36 MRSA §5219-Q, sub-§5 is enacted to read:
5. Application. Except for the credit allowed with respect to the carry-over of unused credit amounts pursuant to subsection 4, the tax credit allowed under this section does not apply to tax years beginning on or after January 1, 2016.
Sec. G-28. 36 MRSA §5219-S, as amended by PL 2009, c. 213, Pt. BBBB, §16, is repealed.
Sec. G-29. 36 MRSA §5219-X, sub-§5, as enacted by PL 2003, c. 698, §1, is amended to read:
5. Application. This section applies to tax years beginning on or after January 1, 2004. Except for the credit allowed with respect to the carry-over of unused credit amounts pursuant to subsection 3, the tax credit allowed under this section does not apply to tax years beginning on or after January 1, 2016.
Sec. G-30. 36 MRSA §5403, as repealed and replaced by PL 2013, c. 551, §4, is repealed and the following enacted in its place:
§ 5403. Annual adjustments for inflation
On or about September 15th of each year as specified in subsections 1, 2, 3 and 4, the assessor shall multiply the cost-of-living adjustment for taxable years beginning in the succeeding calendar year by the following:
1. Individual income tax rate tables. Beginning in 2019 and each year thereafter, by the dollar amounts of the tax rate tables specified in section 5111, subsections 1-H, 2-H and 3-H;
2. Itemized deductions. In 2019, by the dollar amount of the itemized deduction limitation amount in section 5125, subsection 4, paragraph E;
3. Property tax fairness credit. Beginning in 2015 and each year thereafter, the benefit base amounts in section 5219-KK, subsection 1, paragraph A; and
4. Pension deduction. Beginning in 2019 and each year thereafter, by the pension deduction amount defined in section 5122, subsection 2, paragraph M-2, subparagraph 4, division (e).
If the dollar amount of each item, adjusted by the application of the cost-of-living adjustment, is not a multiple 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.
Sec. G-31. Application. Those sections of this Part that repeal the Maine Revised Statutes, Title 36, section 5122, subsection 2, paragraphs T and Y and sections 5216-C, 5219-A, 5219-C and 5219-S apply to tax years beginning on or after January 1, 2016.
PART H
Sec. H-1. 36 MRSA §4101, as enacted by PL 2011, c. 380, Pt. M, §9, is amended to read:
§ 4101. Applicability of provisions
This chapter applies to the estates of persons who die after December 31, 2012 and before January 1, 2017.
Sec. H-2. 36 MRSA §4102, sub-§5, as enacted by PL 2011, c. 380, Pt. M, §9, is amended to read:
5. Maine exclusion amount. "Maine exclusion amount" means $2,000,000 for estates of decedents dying prior to January 1, 2016. For estates of decedents dying on or after January 1, 2016, "Maine exclusion amount" means $5,500,000.
Sec. H-3. 36 MRSA §4103, sub-§1, as enacted by PL 2011, c. 380, Pt. M, §9, is amended to read:
1. Imposition of tax before 2016. A tax is imposed on the transfer of the Maine taxable estate of every person who, at the time of death, was a resident of this State. The amount of tax for decedents dying on or after January 1, 2013 but prior to January 1, 2016 is determined as provided in this section.
A. If the Maine taxable estate is $2,000,000 or less, the tax is $0.
B. If the Maine taxable estate is more than $2,000,000 but no more than $5,000,000, the tax is 8% of the excess over $2,000,000.
C. If the Maine taxable estate is more than $5,000,000 but no more than $8,000,000, the tax is $240,000 plus 10% of the excess over $5,000,000.
D. If the Maine taxable estate is more than $8,000,000, the tax is $540,000 plus 12% of the excess over $8,000,000.
The amount of this tax is multiplied by a fraction, the numerator of which is 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 plus the value of all intangible personal property and the denominator of which is the value of the decedent's adjusted federal gross estate.
Sec. H-4. 36 MRSA §4103, sub-§1-A is enacted to read:
1-A. Imposition of tax during 2016. A tax is imposed on the transfer of the Maine taxable estate of every person who, at the time of death, was a resident of this State. The amount of tax for decedents dying during calendar year 2016 is determined as provided in this section.
A. If the Maine taxable estate is $5,500,000 or less, the tax is $0.
B. If the Maine taxable estate is more than $5,500,000 but no more than $8,000,000, the tax is 10% of the excess over $5,500,000.
C. If the Maine taxable estate is more than $8,000,000, the tax is $250,000 plus 12% of the excess over $8,000,000.
The amount of this tax is multiplied by a fraction, the numerator of which is the value of that portion of the decedent’s adjusted federal gross estate that consists of real and tangible personal property located in the State plus the value of all intangible personal property and the denominator of which is the value of the decedent's adjusted federal gross estate.
Sec. H-5. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 36, chapter 577, in the chapter headnote, the words "Maine estate tax after 2012" are amended to read "Maine estate tax after 2012 and before 2017" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
PART I
Sec. I-1. 36 MRSA §691, sub-§1, ¶A, as amended by PL 2009, c. 571, Pt. II, §1 and affected by §5, is further amended to read:
A. "Eligible business equipment" means qualified property that, in the absence of this subchapter, would first be subject to assessment under this Part on or after April 1, 2008. "Eligible business equipment" includes, without limitation, repair parts, replacement parts, replacement equipment, additions, accessions and accessories to other qualified business property that first became subject to assessment under this Part before April 1, 2008 if the part, addition, equipment, accession or accessory would, in the absence of this subchapter, first be subject to assessment under this Part on or after April 1, 2008. "Eligible business equipment" also includes inventory parts.
"Eligible business equipment" does not include:
(1) Office furniture, including, without limitation, tables, chairs, desks, bookcases, filing cabinets , photocopiers, mail machines and modular office partitions;
(2) Lamps and lighting fixtures used primarily for the purpose of providing general purpose office or worker lighting;
(3) Property owned or used by an excluded person;
(4) Telecommunications personal property subject to the tax imposed by section 457;
(5) Gambling machines or devices, including any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity as that term is defined in Title 8, section 1001, subsection 15, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. "Gambling machines or devices" includes, without limitation:
(a) Associated equipment as defined in Title 8, section 1001, subsection 2;
(b) Computer equipment used directly and primarily in the operation of a slot machine as defined in Title 8, section 1001, subsection 39;
(c) An electronic video machine as defined in Title 17, section 1831, subsection 4;
(d) Equipment used in the playing phases of lottery schemes; and
(e) Repair and replacement parts of a gambling machine or device;
(6) Property located at a retail sales facility and used primarily in a retail sales activity unless the property is owned by a business that operates a retail sales facility in the State exceeding 100,000 square feet of interior customer selling space that is used primarily for retail sales and whose Maine-based operations derive less than 30% of their total annual revenue on a calendar year basis from sales that are made at a retail sales facility located in the State. For purposes of this subparagraph, the following terms have the following meanings:
(a) "Primarily" means more than 50% of the time;
(b) "Retail sales activity" means an activity associated with the selection and purchase of goods or services or the rental of tangible personal property. "Retail sales activity" does not include production as defined in section 1752, subsection 9-B; and
(c) "Retail sales facility" means a structure used to serve customers who are physically present at the facility for the purpose of selecting and purchasing goods or services at retail or for renting tangible personal property. "Retail sales facility" does not include a separate structure that is used as a warehouse or call center facility;
(7) Property that is not entitled to an exemption by reason of the additional limitations imposed by subsection 2; or
(8) Personal property that would otherwise be entitled to exemption under this subchapter used primarily to support a telecommunications antenna used by a telecommunications business subject to the tax imposed by section 457.
Sec. I-2. 36 MRSA §691, sub-§1, ¶A-1 is enacted to read:
A-1. "Eligible conversion business equipment" means, for property tax years beginning on or after April 1, 2016, all eligible property under chapter 915 that was placed in service after April 1, 1995 and on or before April 1, 2015.
Sec. I-3. 36 MRSA §700-C is enacted to read:
§ 700-C. Eligible conversion business equipment
1. Limitations. Notwithstanding any other provisions of this subchapter to the contrary:
A. Eligible conversion business equipment is entitled to exemption as follows:
(1) Twenty-five percent of its assessed value as of April 1, 2016;
(2) Fifty percent of its assessed value as of April 1, 2017;
(3) Seventy-five percent of its assessed value as of April 1, 2018; and
(4) One hundred percent of its assessed value as of April 1, 2019 and for subsequent property tax years; and
B. Eligible conversion business equipment located at a retail sales facility and used primarily in retail sales activity is not eligible for an exemption under this subchapter after April 1, 2025. For purposes of this paragraph, the definitions in section 691, subsection 1, paragraph A, subparagraph (6), divisions (a) to (c) apply.
Sec. I-4. 36 MRSA §6651, sub-§1, as repealed and replaced by PL 2007, c. 627, §95, is amended to read:
1. Eligible property. "Eligible property" means qualified business property first placed in service in the State, or constituting construction in progress commenced in the State, after April 1, 1995 and on or before April 1, 2015, but does not include property that is eligible business equipment as defined in section 691, subsection 1 , except that "eligible property" does include eligible conversion business equipment as defined in section 691, subsection 1, paragraph A-1 to the extent taxable under section 700-C. "Eligible property" includes, without limitation, repair parts, replacement parts, additions, accessions and accessories to other qualified business property placed in service on or before April 1, 1995 if the part, addition, accession or accessory is first placed in service, or constitutes construction in progress, in the State after April 1, 1995, unless that property is eligible business equipment as defined in section 691, subsection 1. "Eligible property" includes used qualified business property if the qualified business property was first placed in service in the State, or constituted construction in progress commenced in the State, after April 1, 1995 but does not include property that is eligible business equipment as defined in section 691, subsection 1. "Eligible property" also includes inventory parts.
Sec. I-5. 36 MRSA §6652, sub-§4, as amended by PL 2013, c. 368, Pt. K, §1, is further amended to read:
4. Reimbursement percentage. The reimbursement under this chapter is an amount equal to the percentage specified in paragraphs A and B of taxes assessed and paid with respect to each item of eligible property, except that for claims filed for application periods that begin on August 1, 2006, August 1, 2009, August 1, 2010 or August 1, 2013 the reimbursement is 90% of that amount and , for claims filed for the application period that begins on August 1, 2014 , the reimbursement is 80% of that amount and for claims filed for the application periods that begin on August 1, 2015 and on August 1st of subsequent years the reimbursement is 90% of that amount.
A. For each of the first to 12th years for which reimbursement is made, the percentage is 100%.
B. Pursuant to section 699, subsection 2, reimbursement under this chapter after the 12th year for which reimbursement is made is according to the following percentages of taxes assessed and paid with respect to each item of eligible property.
(1) For the 13th year for which reimbursement is made, the percentage is 75%.
(2) For the 14th year for which reimbursement is made, the percentage is 70%.
(3) For the 15th year for which reimbursement is made, the percentage is 65%.
(4) For the 16th year for which reimbursement is made, the percentage is 60%.
(5) For the 17th year for which reimbursement is made, the percentage is 55%.
(6) For the 18th year for which reimbursement is made and for subsequent years, the percentage is 50%.
Sec. I-6. 36 MRSA §6654-A is enacted to read:
§ 6654-A. Termination of reimbursements
Reimbursement under this chapter may not be made for property taxes attributable to property tax years beginning on or after April 1, 2019.
PART J
Sec. J-1. Transfers to Maine Clean Election Fund. The State Controller shall transfer $500,000 of the $2,000,000 required to be transferred on or before January 1, 2017 pursuant to the Maine Revised Statutes, Title 21-A, section 1124, subsection 2, paragraph B from the General Fund undedicated revenue to the Maine Clean Election Fund on or before July 15, 2016 and shall transfer $1,500,000 from the General Fund undedicated revenue to the Maine Clean Election Fund on or before January 1, 2017.
PART K
Sec. K-1. Appropriations and allocations. The following appropriations and allocations are made.
TREASURER OF STATE, OFFICE OF
Debt Service - Treasury 0021
Initiative: Reduces funding for debt service.
| GENERAL FUND | 2014-15 | 2015-16 | 2016-17 |
|
All Other
|
($1,400,000) | $0 | $0 |
|
|
|
|
| GENERAL FUND TOTAL | ($1,400,000) | $0 | $0 |
PART L
Sec. L-1. PL 2013, c. 585, §§3 and 4 are repealed.
PART M
Sec. M-1. 5 MRSA §1519, sub-§6 is enacted to read:
6. Additional transfers to the fund. The State Controller may, at the close of each fiscal year, as the next priority after the transfers authorized pursuant to section 1507, section 1511 and section 1536, subsection 1, transfer from the unappropriated surplus of the General Fund to the Retiree Health Insurance Internal Service Fund amounts as may be available from time to time, up to an amount of $4,000,000 in fiscal year 2015-16, $4,000,000 in fiscal year 2016-17 and, beginning in fiscal year 2017-18, $2,000,000 to be used solely for the purpose of amortizing the unfunded liability for retiree health benefits. Transfers to the fund may also include appropriations and allocations of the Legislature and revenue from direct billing rates charged to state departments and agencies and other participating jurisdictions to be used solely for the purpose of amortizing the unfunded liability for retiree health benefits.
Sec. M-2. 5 MRSA §1531, sub-§1, as amended by PL 2011, c. 655, Pt. DD, §1 and affected by §24, is repealed.
Sec. M-3. 5 MRSA §1531, sub-§2, as amended by PL 2013, c. 368, Pt. Q, §2, is further amended to read:
2. Average personal income growth. "Average real personal income growth" means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in personal income in this State, as estimated by the United States Department of Commerce, Bureau of Economic Analysis , less the percent change in the Consumer Price Index for the calendar year. The average real personal income growth is determined by October 1st, annually, by the Governor's Office of Policy and Management.
Sec. M-4. 5 MRSA §1531, sub-§4, ¶A, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is amended to read:
A. For the 2006-2007 2018-2019 biennium, the General Fund appropriation enacted for fiscal year 2004-05 2016-17 as of December 1, 2004 2016; and
Sec. M-5. 5 MRSA §1531, sub-§6, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is repealed.
Sec. M-6. 5 MRSA §1532, sub-§§1 and 5, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, are amended to read:
1. Generally; stabilization fund established. The Maine Budget Stabilization Fund is hereby established. Amounts in the stabilization fund may not exceed 12% 18% of total General Fund revenues in the immediately preceding state fiscal year and, except as provided by section 1533, may not be reduced below 1% of total General Fund revenue in the immediately preceding state fiscal year. For the purposes of this subsection, at the close of a fiscal year, "immediately preceding state fiscal year" means the fiscal year that is being closed.
5. Investment proceeds; exception. At the close of every month during which the stabilization fund is at the 12% 18% limitation described in subsection 1, the State Controller shall transfer from the General Fund to the Retirement Allowance Fund established in section 17251 an amount equal to the investment earnings that otherwise would have been credited to the stabilization fund.
Sec. M-7. 5 MRSA §1534, sub-§1, as amended by PL 2005, c. 683, Pt. M, §1, is further amended to read:
1. Establishment of General Fund appropriation limitation. As of December 1st of each even-numbered year, there must be established a General Fund appropriation limitation for the ensuing biennium. The General Fund appropriation limitation applies to all General Fund appropriations , except that the additional cost for essential programs and services for kindergarten to grade 12 education under Title 20-A, chapter 606-B over the fiscal year 2004-05 appropriation for general purpose aid for local schools is excluded from the General Fund appropriation limitation until the state share of that cost reaches 55% of the total state and local cost.
A. For the first fiscal year of the biennium, the General Fund appropriation limitation is equal to the biennial base year appropriation multiplied by one plus the growth limitation factor in subsection 2.
B. For the 2nd year of the biennium, the General Fund appropriation limitation is the General Fund appropriation limitation of the first year of the biennium biennial base year appropriation multiplied by one plus the growth limitation factor in subsection 2.
Sec. M-8. 5 MRSA §1534, sub-§2, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is amended to read:
2. Growth limitation factor. The growth limitation factor is calculated as follows the average personal income growth.
A. For fiscal years when the State Tax Assessor has determined that the state and local tax burden ranks in the highest 1/3 of all states, the growth limitation factor is average real personal income growth, but no more than 2.75%, plus average population growth.
B. For fiscal years when the state and local tax burden ranks in the middle 1/3 of all states, as determined by the State Tax Assessor, the growth limitation factor is average real personal income growth plus forecasted inflation plus average population growth.
Sec. M-9. 5 MRSA §1535, as amended by PL 2005, c. 621, §4, is further amended to read:
§ 1535. General Fund transfers to stabilization fund
Baseline General Fund revenue, as recommended by the Revenue Forecasting Committee and authorized in accordance with chapter 151-B, and other available budgeted General Fund resources that exceed the General Fund appropriation limitation established by section 1534 plus the additional cost for essential programs and services for kindergarten to grade 12 education under Title 20-A, chapter 606-B over the fiscal year 2004-05 appropriation for general purpose aid for local schools until the state share of that cost reaches 55% of the total state and local cost must be transferred to the stabilization fund.
Sec. M-10. 5 MRSA §1536, as amended by PL 2013, c. 1, Pt. E, §2, is further amended to read:
§ 1536. Excess General Fund revenues
1. Final priority reserves. After the transfers to the State Contingent Account pursuant to section 1507, the transfers to the Loan Insurance Reserve pursuant to section 1511 and , the transfers pursuant to section 1522, a transfer of $2,500,000 for the Reserve for General Fund Operating Capital and the transfers to the Retiree Health Insurance Internal Service Fund pursuant to section 1519, the State Controller shall transfer at the close of each fiscal year from the unappropriated surplus of the General Fund an amount equal to the amount available from the unappropriated surplus after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made as follows:
A. Forty-eight Eighty percent to the stabilization fund; and
C. Thirteen percent to the Reserve for General Fund Operating Capital;
D. Nine percent to the Retiree Health Insurance Internal Service Fund established in section 1519 to be used solely for the purpose of amortizing the unfunded actuarial liability associated with future health benefits;
E. Ten percent to the Capital Construction and Improvements Reserve Fund established in section 1516-A; and
F. Twenty percent to the Tax Relief Fund for Maine Residents established in section 1518-A.
2. Additional transfer. At the close of each fiscal year, the State Controller shall transfer from the unappropriated surplus of the General Fund to the stabilization fund an amount equal to the balance remaining of the excess of total General Fund revenue received over accepted estimates in that fiscal year that would have been transferred to the Reserve for General Fund Operating Capital pursuant to subsection 1 , paragraph C had the Reserve for General Fund Operating Capital not been at its statutory limit of $50,000,000.
3. Exceptions; stabilization fund at limit. If the stabilization fund is at its limit of 12% 18% of General Fund revenue of the immediately preceding year, then amounts that would otherwise have been transferred to the stabilization fund pursuant to subsections 1 and 2 must be transferred to the Tax Relief Fund for Maine Residents established in section 1518-A.
Sec. M-11. 5 MRSA §1665, sub-§1, as amended by PL 2009, c. 636, Pt. C, §2, is further amended to read:
1. Expenditure and appropriation requirements. On or before September 1st of the even-numbered years, all departments and other agencies of the State Government and corporations and associations receiving or desiring to receive state funds under the provisions of law shall prepare, in the manner prescribed by the State Budget Officer, and submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium. The expenditure estimates must be classified to set forth the data by funds, organization units, character and objects of expenditure. The organization units may be subclassified by functions and activities, or in any other manner, at the discretion of the State Budget Officer.
All departments and other agencies receiving or desiring to receive state funds from the Highway Fund shall submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium that do not exceed the Highway Fund appropriation of the previous fiscal year multiplied by one plus the average real personal income growth rate or 2.75%, whichever is less. The Highway Fund highway and bridge improvement accounts are exempt from this spending limitation.
The State Budget Officer shall request that the Governor provide the budget proposal for the Maine Indian Tribal-State Commission developed pursuant to Title 30, section 6212, subsection 6.
Sec. M-12. 20-A MRSA §15671, sub-§1, as amended by PL 2005, c. 2, Pt. D, §32 and affected by §§72 and 74 and c. 12, Pt. WW, §18, is further amended to read:
1. State and local partnership. The State and each local school administrative unit are jointly responsible for contributing to the cost of the components of essential programs and services described in this chapter. Except as otherwise provided in this subsection, for each fiscal year, the total cost of the components of essential programs and services may not exceed the prior fiscal year's costs multiplied by one plus the average real personal income growth rate as defined in Title 5, section 1665, subsection 1 , except that in no case may that rate exceed 2.75%. For fiscal years commencing after the state tax burden ranks in the middle 1/3 of all states, as calculated and certified by the State Tax Assessor, the total cost of the components of essential programs and services may not exceed the prior fiscal year's costs multiplied by one plus the average real personal income growth rate as defined in Title 5, section 1665, subsection 1. The Legislature, by an affirmative vote of each House, may exceed the limitations on increases in the total cost of the components of essential programs and services provided in this subsection, as long as that vote is taken upon legislation stating that it is the Legislature's intent to override the limitation for that fiscal year. The state contribution to the cost of the components of essential programs and services, exclusive of federal funds that are provided and accounted for in the cost of the components of essential programs and services, must be made in accordance with this subsection:
A. The level of the state share of funding attributable to the cost of the components of essential programs and services must be at least 50% of eligible state and local General Fund education costs statewide, no later than fiscal year 2006-07; and
B. By fiscal year 2008-09 the state share of the total cost of funding public education from kindergarten to grade 12, as described by essential programs and services, must be 55%. Beginning in fiscal year 2005-06 and in each fiscal year until fiscal year 2008-09, the state share of essential programs and services described costs must increase toward the 55% level required in fiscal year 2008-09.
Beginning in fiscal year 2005-06 and in each fiscal year thereafter, the commissioner shall use the funding level determined in accordance with this section as the basis for a recommended funding level for the state share of the cost of the components of essential programs and services.
Sec. M-13. 30-A MRSA §706-A, sub-§1, as amended by PL 2007, c. 653, Pt. A, §10, is further amended to read:
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Average real personal income growth" has the same meaning as under Title 5, section 1531, subsection 2.
B. "County assessment" means:
(1) For the tax year of any county that began prior to January 1, 2009, total annual county appropriations reduced by all resources available to fund those appropriations other than the county tax; or
(2) For the tax year of any county that begins on or after January 1, 2009, total annual county appropriations for noncorrectional-related services as established in section 701, reduced by all resources available to fund those appropriations other than the county tax.
C. "Forecasted inflation" has the same meaning as under Title 5, section 1531, subsection 6.
D. "Property growth factor" means the percentage equivalent to a fraction, whose denominator is the total valuation of all municipalities, plantations and unorganized territory in the county, and whose numerator is the amount of increase in the assessed valuation of any real or personal property in those jurisdictions that became subject to taxation for the first time, or taxed as a separate parcel for the first time for the most recent property tax year for which information is available, or that has had an increase in its assessed valuation over the prior year's valuation as a result of improvements to or expansion of the property. The State Tax Assessor shall provide to the counties forms and a methodology for the calculation of the property growth factor, and the counties shall use those forms and the methodology to establish the property growth factor.
E. "State and local tax burden" has the same meaning as under Title 5, section 1531, subsection 9.
Sec. M-14. 30-A MRSA §706-A, sub-§3, as enacted by PL 2005, c. 2, Pt. B, §1 and affected by §§2 and 4 and c. 12, Pt. WW, §14, is amended to read:
3. Growth limitation factor. The growth limitation factor is calculated as follows the average personal income growth plus the property growth factor.
A. For fiscal years when the State Tax Assessor has determined that the state and local tax burden ranks in the highest 1/3 of all states, the growth limitation factor is average real personal income growth but no more than 2.75%, plus the property growth factor.
B. For fiscal years when the state and local tax burden ranks in the middle 1/3 of all states, as determined by the State Tax Assessor, the growth limitation factor is the average real personal income growth plus forecasted inflation plus the property growth factor.
Sec. M-15. 30-A MRSA §5721-A, sub-§1, ¶A, as amended by PL 2005, c. 621, §9, is further amended to read:
A. "Average real personal income growth" has the same meaning as in Title 5, section 1531, subsection 2.
Sec. M-16. 30-A MRSA §5721-A, sub-§1, ¶B, as amended by PL 2005, c. 621, §10, is repealed.
Sec. M-17. 30-A MRSA §5721-A, sub-§1, ¶E, as amended by PL 2005, c. 621, §11, is repealed.
Sec. M-18. 30-A MRSA §5721-A, sub-§3, as enacted by PL 2005, c. 2, Pt. C, §1 and affected by §§3 and 5 and c. 12, Pt. WW, §16, is amended to read:
3. Growth limitation factor. The growth limitation factor is calculated as follows the average personal income growth plus the property growth factor.
A. For fiscal years when the State Tax Assessor has determined that the state and local tax burden ranks in the highest 1/3 of all states, the growth limitation factor is average real personal income growth but no more than 2.75%, plus the property growth factor.
B. For fiscal years when the state and local tax burden ranks in the middle 1/3 of all states, as determined by the State Tax Assessor, the growth limitation factor is the average real personal income growth plus forecasted inflation plus the property growth factor.
Sec. M-19. 36 MRSA §7301, first ¶, as enacted by PL 2005, c. 2, Pt. H, §2, is repealed.
PART N
Sec. N-1. 4 MRSA §1610-H is enacted to read:
§ 1610-H. Additional securities
Notwithstanding any limitation on the amount of securities that may be issued pursuant to section 1606, subsection 2, the authority may issue additional securities in an amount not to exceed $23,000,000 outstanding at any one time for capital repairs and improvements to state-owned facilities and hazardous waste cleanup on state-owned properties.
Sec. N-2. Maine Governmental Facilities Authority; issuance of securities. Pursuant to the Maine Revised Statutes, Title 4, section 1606, subsection 2 and section 1610-H, and notwithstanding the limitation contained in Title 4, section 1606, subsection 2 regarding the amount of securities that may be issued, the Maine Governmental Facilities Authority is authorized to issue securities in its own name in an amount up to $23,000,000. Proceeds must be used for the purpose of paying the costs associated with capital repairs and improvements to and construction of state-owned facilities and hazardous waste cleanup on state-owned properties as designated by the Commissioner of Administrative and Financial Services.
PART O
Sec. O-1. 36 MRSA §4641-B, sub-§4-B, ¶E, as enacted by PL 2011, c. 453, §6, is amended to read:
E. In fiscal year 2015-16 and each fiscal year thereafter, the Treasurer of State shall credit the revenues derived from the tax imposed pursuant to section 4641-A, subsection 1 in accordance with this paragraph.
(1) At the beginning of the fiscal year, the Maine State Housing Authority shall certify to the Treasurer of State the amount that is necessary and sufficient to meet the authority's obligations relating to bonds issued or planned to be issued by the authority under Title 30-A, section 4864.
(2) On a monthly basis the Treasurer of State shall apply 50% of the revenues in accordance with this subparagraph. The Treasurer of State shall first pay revenues available under this subparagraph to the Maine State Housing Authority, which shall deposit the funds in the Maine Energy, Housing and Economic Recovery Fund established in Title 30-A, section 4863, until the amount paid equals the amount certified by the Maine State Housing Authority under subparagraph (1), after which the Treasurer of State shall credit any remaining revenues available under this subparagraph to the General Fund.
(3) On a monthly basis, the Treasurer of State shall credit 50% of the revenues to the Maine State Housing Authority, which except that, notwithstanding paragraph F, in fiscal year 2015-16, the Treasurer of State shall first credit $6,291,740 of the revenues available under this subparagraph to the General Fund and except that, notwithstanding paragraph F, in fiscal year 2016-17, the Treasurer of State shall first credit $6,090,367 of the revenues available under this subparagraph to the General Fund. The Maine State Housing Authority shall deposit the funds received pursuant to this subparagraph in the Housing Opportunities for Maine Fund created in Title 30-A, section 4853.
PART P
Sec. P-1. Tax expenditures. In accordance with the Maine Revised Statutes, Title 5, section 1666 and to the extent not otherwise provided in this Act, funding is continued for each individual tax expenditure, as defined in Title 5, section 1666, reported in the budget document submitted to the Legislature by the Governor on January 9, 2015.
PART Q
Sec. Q-1. Attrition savings. Notwithstanding any other provision of law, the attrition rate for the 2016-2017 biennium is increased from 1.6% to 3% for judicial branch and executive branch departments and agencies only, with the exception of the District Attorneys Salaries program within the Department of the Attorney General. The attrition rate for subsequent biennia is 1.6% with the exception of the District Attorneys Salaries program within the Department of the Attorney General. The attrition rate for the District Attorneys Salaries program is 0% for the 2016-2017 biennium.
Sec. Q-2. 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 executive branch departments and agencies from savings associated with attrition in fiscal year 2015-16 and fiscal year 2016-17 and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2015-16 and fiscal year 2016-17. 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, 2015.
Sec. Q-3. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Executive Branch Departments and Independent Agencies - Statewide 0017
Initiative: Reduces funding to reflect projected savings from an increase in the attrition rate from 1.6% to 3% for fiscal years 2015-16 and 2016-17.
| GENERAL FUND | 2015-16 | 2016-17 |
|
Personal Services
|
($4,747,724) | ($4,790,263) |
|
|
|
| GENERAL FUND TOTAL | ($4,747,724) | ($4,790,263) |
PART R
Sec. R-1. Department of Administrative and Financial Services; lease- purchase authorization. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Administrative and Financial Services, in cooperation with the Treasurer of State, may enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of motor vehicles for the Central Fleet Management Division. The financing arrangements entered into in each fiscal year may not exceed $5,500,000 in principal costs, and a financing arrangement may not exceed 4 years in duration. The interest rate may not exceed 5%. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Fleet Management Division account.
PART S
Sec. S-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 2015-16 and 2016-17 for the acquisition of motor vehicles for the State Police. The financing arrangements entered into in each fiscal year may not exceed $2,600,000 in principal costs, and a financing arrangement may not exceed 3 years in duration. The interest rate may not exceed 5%. The annual principal and interest costs must be paid from the appropriate line category appropriations and allocations in the State Police accounts.
PART T
Sec. T-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, 2017 special voluntary employee incentive programs for state employees, including a 50% workweek, 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. T-2. Continuation of group 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, 2017 and is approved 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. T-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, 2017 and is approved 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. T-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, 2017 for fiscal year 2015-16 and no later than January 15, 2018 for fiscal year 2016-17.
Sec. T-5. Lapsed balances. Notwithstanding any other provision of law, $350,000 in fiscal year 2015-16 and $350,000 in fiscal year 2016-17 of savings identified from the voluntary employee incentive programs in this Part lapse to the General Fund.
PART U
Sec. U-1. Transfer from General Fund unappropriated surplus; Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account; fiscal year 2016-17. Notwithstanding any other provision of law, the State Controller shall transfer $3,000,000 from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account within the Department of Administrative and Financial Services no later than June 30, 2017.
PART V
Sec. V-1. 5 MRSA §933, sub-§1, ¶N, as amended by PL 2009, c. 552, §4, is repealed.
Sec. V-2. 5 MRSA §933, sub-§1, ¶P, as repealed and replaced by PL 2013, c. 588, Pt. A, §3, is repealed.
PART W
Sec. W-1. 34-A MRSA §1803, sub-§12, as enacted by PL 2015, c. 16, Pt. I, §1, is amended to read:
12. Suspension of responsibilities and duties of the members of the board. Notwithstanding any provision of law to the contrary, the responsibilities and duties of the members of the board are suspended until July 1, 2015 2016 and no member of the board may perform the duties and responsibilities enumerated in this subchapter until July 1, 2015 2016.
Sec. W-2. 34-A MRSA §1816, sub-§1, as enacted by PL 2015, c. 16, Pt. I, §2, is amended to read:
1. Interim discharge of duties of board. Notwithstanding any provision of law to the contrary, the commissioner or the commissioner's designee is responsible for distributing fiscal year 2014-15 supplemental payments and fiscal year 2015-16 payments to support county jail operations. The commissioner or the commissioner's designee also shall assume the powers and duties of the board until July 1, 2015 2016.
PART X
Sec. X-1. Transfer; Dirigo Health Fund; General Fund. Notwithstanding any other provision of law to the contrary, the State Controller shall transfer $700,000 by June 30, 2016 from the Dirigo Health Fund to the unappropriated surplus of the General Fund.
PART Y
Sec. Y-1. 12 MRSA §1804, sub-§1, as enacted by PL 1997, c. 678, §13 and amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §24, is further amended to read:
1. Administration. Administer all functions of the bureau , including, but not limited to, the management of state parks and historic sites, public reserved lands, nonreserved public lands, submerged lands, intertidal lands and the Allagash Wilderness Waterway, and adopt methods of administration that are determined necessary to render the office efficient;
PART Z
Sec. Z-1. 7 MRSA §714, sub-§1, as amended by PL 2007, c. 702, §2, is further amended to read:
1. Application for registration. A person may not distribute in this State a commercial feed, except a customer-formula feed, that has not been registered pursuant to this section. The application for registration must be submitted in the manner prescribed by the commissioner on forms furnished by the commissioner. The annual fee is $80 $90 per product name for pet food and the total annual fee for a home-based manufacturer of pet food is $80. The annual fee is $80 $90 per product name for all other commercial feed. Upon approval by the commissioner the registration must be issued to the applicant. All registrations expire on the 31st day of December. The commissioner may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee.
Sec. Z-2. 7 MRSA §714, sub-§2, as repealed and replaced by PL 2001, c. 422, §2, is further amended to read:
2. Fees. The commissioner shall deposit 1/2 60% of the fees collected pursuant to subsection 1 in the General Fund and 1/2 40% of the fees collected in the Animal Welfare Fund established under section 3906-B. One hundred thousand dollars of the revenues credited to the General Fund must be transferred to the Companion Animal Sterilization Fund established under section 3910-B by the State Controller on or before August 1st of each year, beginning August 1, 2015.
Sec. Z-3. 7 MRSA §714, sub-§4, as amended by PL 2009, c. 148, §1, is repealed.
Sec. Z-4. 7 MRSA §3906-B, sub-§2, as amended by PL 2009, c. 148, §2, is further amended to read:
2. Animal Welfare Fund. The commissioner shall deposit all license fees received pursuant to chapters 721, 723, 725 and 735 in a separate account established by the Treasurer of State and known as the Animal Welfare Fund. The commissioner shall deposit 1/2 40% of feed registration fees collected under section 714, subsection 1 and revenue in excess of $100,000 from the surcharge collected under section 714, subsection 4 in the Animal Welfare Fund. This account does not lapse, but continues from year to year. The commissioner shall pay from the Animal Welfare Fund the expense of furnishing license blanks, stickers and tags, travel expenses and salaries for necessary personnel, payments to animal shelters and expenses incurred in the administration of this Part.
Sec. Z-5. 7 MRSA §3910-B, sub-§1, as amended by PL 2009, c. 148, §3, is further amended to read:
1. Establishment. There is established the Companion Animal Sterilization Fund, an interest-bearing account, referred to in this section as "the fund." The fund receives money deposited by the Treasurer of State pursuant to Title 36, section 5284-A, revenues generated in accordance with this section, all revenue from the surcharges collected under section 3933, subsection 4, revenue received from surcharges fees in accordance with section 714, subsection 4 2 and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the spaying or neutering of companion animals owned by persons meeting income limit standards and for the necessary direct administrative and personnel costs associated with the management of the fund and may not be deposited in the General Fund or any other fund except as specifically provided by law. The fund may not be charged for indirect costs under a departmental indirect cost allocation plan.
PART AA
Sec. AA-1. 12 MRSA §8901, sub-§1, ¶A is enacted to read:
A. The forest protection unit of the Bureau of Forestry shall employ no fewer than 45 and no more than 50 forest rangers classified as Forest Ranger II to serve as wildfire control specialists and forestry law enforcement officers, and no fewer than 17 forest rangers classified as follows: 3 Regional Rangers, 8 District Rangers, one Forest Fire Prevention Specialist, one Ranger Pilot Supervisor and 4 Ranger Pilots. Each forest ranger must, at a minimum, be a graduate of the Maine Criminal Justice Academy's law enforcement preservice program or equivalent.
Sec. AA-2. PL 1999, c. 352, §§3 and 4 are repealed.
PART BB
Sec. BB-1. Rate study. The Department of Health and Human Services shall contract with a 3rd party to conduct a rate study of medication management services and outpatient services in Chapter 101: MaineCare Benefits Manual, Section 65: Behavioral Health Services and all services under Section 28: Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations. The rate study must account for provider costs related to these services. The 3rd party shall invite the participation of stakeholders for all services included in this section.
Sec. BB-2. Report. The Department of Health and Human Services, no later than January 1, 2016, shall submit a report to the Joint Standing Committee on Health and Human Services with the findings of the rate study conducted pursuant to section 1 of this Part. The department shall include in the report any recommendations for changes in the rates provided for services that are the subject of the rate study conducted pursuant to section 1 of this Part.
PART CC
Sec. CC-1. Drug Enforcement Agency program savings. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, subsection 1 or any other provision of law, unused balances of appropriations of $300,000 in each year of the 2016-2017 biennium to the Drug Enforcement Agency program within the Department of Public Safety contained in Part A of this Act for the purpose of processing crime scenes involving the seizure of methamphetamine laboratories and dump sites may not be transferred at any time prior to the closing of the books to any other appropriation or subdivision of an appropriation made by the Legislature. The State Budget Officer shall calculate the unused balance of the funds appropriated for the purpose of processing crime scenes involving the seizure of methamphetamine laboratories and dump sites but not used for that purpose and shall transfer that balance to the unappropriated surplus of the General Fund no later than June 30th of each year of the 2016-2017 biennium.
Sec. CC-2. Remediation and Waste Management program savings. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, subsection 1 or any other provision of law, unused balances of appropriations of $100,000 in each year of the 2016-2017 biennium to the Remediation and Waste Management program within the Department of Environmental Protection contained in Part A of this Act as part of the transfer of one Oil and Hazardous Material Responder I position and one Oil and Hazardous Material Responder II position and related All Other from Other Special Revenue Funds to the General Fund contained in Part A of this Act may not be used for any purpose other than for cleanup of illegal drug operations or natural gas contamination. The State Budget Officer shall calculate the amount of unused balances not used for cleanup of illegal drug operations or natural gas contamination and shall transfer those balances to the unappropriated surplus of the General Fund no later than June 30th of each year of the 2016-2017 biennium.
PART DD
Sec. DD-1. 25 MRSA §2801-B, sub-§1, ¶C, as repealed and replaced by PL 2001, c. 710, §11 and affected by §12 and amended by PL 2011, c. 657, Pt. W, §§5 and 7 and PL 2013, c. 405, Pt. A, §23, is further amended to read:
C. An agent or a representative of the Department of Agriculture, Conservation and Forestry, Bureau of Forestry whose law enforcement powers are limited to those specified by Title 12, section 8901, subsection 3 and who does not carry a firearm;
PART EE
Sec. EE-1. PL 1999, c. 352, §§3 and 4 are repealed.
PART FF
Sec. FF-1. Department of Agriculture, Conservation and Forestry, Division of Forest Protection carrying account; transfer from unencumbered balance forward; General Fund. Notwithstanding any other provision of law, the State Controller shall leave only $500,000 of unencumbered balance forward in the Personal Services line category in the Department of Agriculture, Conservation and Forestry, Division of Forest Protection, General Fund account and shall transfer all remaining money from unencumbered balance forward in the Personal Services line category above that amount on or before August 1, 2015 to the Capital Expenditures line category in the Division of Forest Protection, General Fund account to fund the overhaul of helicopters owned by the State.
PART GG
Sec. GG-1. 12 MRSA §1807 is enacted to read:
§ 1807. Sustainable harvest level
Except as provided in this section, timber harvesting on public reserved lands and nonreserved public lands may not exceed in total an average of 160,000 cords per year over any 3-year period. If an independent timber inventory conducted after July 1, 2015 establishes a different sustainable harvest, the department may adopt by rule a different harvesting level consistent with that inventory. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A and must be reviewed by the joint standing committee of the Legislature having jurisdiction over public reserved and nonreserved lands matters.
PART HH
Sec. HH-1. 5 MRSA §200-H, sub-§1, ¶H-1, as enacted by PL 2009, c. 149, §1, is amended to read:
H-1. A sexual assault nurse examiner within the Office of the Attorney General, ex officio Department of Health and Human Services;
Sec. HH-2. 5 MRSA §3360-N, as enacted by PL 2001, c. 439, Pt. Z, §1, is amended to read:
§ 3360-N. Sexual Assault Forensic Examiner Advisory Board established; membership
1. Establishment and membership. The Sexual Assault Forensic Examiner Advisory Board, referred to in this chapter as the "board," established under section 12004-J, subsection 13, is established within the Department of the Attorney General Health and Human Services. The board consists of 13 members appointed by the Attorney General Commissioner of Health and Human Services. Members must include the following:
A. One physician licensed to practice medicine in the State;
B. One member of the State Board of Nursing;
C. One sexual assault nurse examiner;
D. One representative from a sexual assault center;
E. One member from a statewide coalition against sexual assault;
F. One survivor of sexual assault;
G. One attorney from the Department of the Attorney General , designated by the Attorney General;
H. One employee of the Maine State Police Crime Laboratory;
I. One member from a statewide association of prosecutors;
J. One member from a statewide association of hospitals;
K. One member who is a forensic pediatric health care provider; and
L. Two public members.
2. Terms of appointment. The term of each member of the board is 3 years. When a vacancy occurs prior to the expiration of a term, the appointment to fill that vacancy is for the balance of the unexpired term. Notwithstanding this subsection, the Attorney General may appoint initial members of the board for terms of fewer than 3 years to ensure staggered terms.
3. Chair. The Commissioner of Health and Human Services shall appoint a member to be appointed by the Attorney General pursuant to subsection 1, paragraph G shall act as the chair of the board.
4. Meetings. The board may not meet more than once a month.
5. Quorum. Five members of the board constitute a quorum.
Sec. HH-3. 5 MRSA §3360-P, as enacted by PL 2001, c. 439, Pt. Z, §1, is amended to read:
§ 3360-P. Administration
The Department of the Attorney General Health and Human Services shall provide general administrative oversight for the board's policies and responsibilities. When appropriate, the Department of the Attorney General Health and Human Services may employ personnel necessary to carry out the purposes of the board; lease, rent or acquire adequate equipment and facilities; accept federal funds or grants that are available to carry out or implement the board's objectives; and provide technical assistance and training to sexual assault forensic examiners.
PART II
Sec. II-1. Department of Corrections; transfer of funds for overtime expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, by financial order upon the recommendation of the State Budget Officer and approval of the Governor, may transfer Personal Services, All Other or Capital Expenditures funding between accounts within the same fund for the purpose of paying overtime expenses in fiscal years 2015-16 and 2016-17. These transfers are not considered adjustments to appropriations.
PART JJ
Sec. JJ-1. 3 MRSA §314, 2nd ¶, as repealed and replaced by PL 1993, c. 691, §12, is amended to read:
A joint registration expires if the lobbyist or employer notifies the commission in writing that the lobbyist is no longer engaged by the employer to lobby. If termination occurs prior to November 30th, the notification must be given within 30 days of the termination.
Sec. JJ-2. 3 MRSA §316-A, last ¶, as enacted by PL 1993, c. 691, §17, is amended to read:
These forms must be signed by the employee and the signature serves as a certificate The employee must certify that the information entered on that the form is true, correct and complete.
Sec. JJ-3. 3 MRSA §320, first ¶, as amended by IB 1995, c. 1, §8, is further amended to read:
Fees collected pursuant to this chapter must go in equal portions to the General Fund and to be deposited into a special revenue account of the commission to be used for the purposes of administering and enforcing the provisions of this chapter, including the costs of obtaining, maintaining and upgrading technology to facilitate disclosure of lobbying and campaign finance information to the public.
PART KK
Sec. KK-1. Transfers and adjustments to position count. The Commissioner of Corrections shall review the current organizational structure of the Department of Corrections to improve organizational efficiency and cost-effectiveness and shall recommend transfers of positions and available balances. 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 from July 1st to December 1st of each fiscal year of the 2016-2017 biennium. Position adjustments made after December 1st and before July 1st of each fiscal year may not be an adjustment to position count or appropriations. 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 by the Bureau of the Budget 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.
Sec. KK-2. Department of Corrections; quarterly reporting. The Commissioner of Corrections shall provide quarterly reports to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the position transfers authorized pursuant to section 1 of this Part. The reports must detail, for both the sending and receiving program, the position title, the program name, an indication if the position was filled or vacant and the pay range and step if applicable. The report must also include all position reclassifications, reorganizations and range changes that were approved during the previous quarter.
PART LL
Sec. LL-1. Transfer of funds; food, heating and utility expenses. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Corrections, upon recommendation of the State Budget Officer and approval of the Governor, is authorized to transfer, from the All Other line category, funding by financial order between accounts within the same fund for the purposes of paying food, heating and utility expenses in fiscal years 2015-16 and 2016-17. These transfers are not considered adjustments to appropriations.
PART MM
Sec. MM-1. Working capital advance to Department of Defense, Veterans and Emergency Management. The State Controller is authorized to advance up to $350,000 from the General Fund unappropriated surplus to the Department of Defense, Veterans and Emergency Management, Administration - Maine Emergency Management Agency program, Federal Expenditures Fund account during fiscal year 2015-16 to be used to provide cash necessary to meet current expenditures of the program until federal funds become available in the same fiscal year. The State Controller shall report to the Joint Standing Committee on Appropriations and Financial Affairs within 30 days of making any working capital advance for this purpose. Funds advanced from the General Fund to the Administration - Maine Emergency Management Agency program must be returned to the General Fund unappropriated surplus not later than December 31, 2015.
PART NN
Sec. NN-1. Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute; fiscal year 2015-16. Notwithstanding any other provision of law, $1,537,761 of funds in the All Other line category in the Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute, General Fund account lapses to the unappropriated surplus of the General Fund no later than June 30, 2016.
Sec. NN-2. Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute; fiscal year 2016-17. Notwithstanding any other provision of law, $1,537,761 of funds in the All Other line category in the Department of Economic and Community Development, Office of Innovation program, Maine Technology Institute, General Fund account lapses to the unappropriated surplus of the General Fund no later than June 30, 2017.
PART OO
Sec. OO-1. 5 MRSA §937, sub-§1, as amended by PL 2013, c. 1, Pt. S, §1, is further amended to read:
1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Education. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter:
A. Deputy Commissioner;
F. Director, Policy and Programs; and
K. Chief Academic Officer;
L. Director, Special Services Team; and
M. Director, Communications.
Sec. OO-2. 20-A MRSA §203, sub-§1, as amended by PL 2013, c. 1, Pt. S, §2 and c. 368, Pt. II, §§1 and 2, is further amended to read:
1. Commissioner's appointments. The following officials are appointed by and serve at the pleasure of the commissioner:
A. Deputy Commissioner;
F. Director, Policy and Programs;
K. Chief Academic Officer;
L. Director, Special Services Team;
M. Director, Communications; and
N. Deputy Chief of Staff.
O. Science, Technology, Engineering and Mathematics Workforce Coordinator.
PART PP
Sec. PP-1. Lease-purchase authorization; Maine learning technology initiative. Pursuant to the Maine Revised Statutes, Title 5, section 1587, the Department of Education may enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of portable computer devices for students and educators to support the operations of the Maine learning technology initiative. The financing agreements may not exceed 4 years in duration and $95,000,000 in principal costs for the Maine learning technology initiative. The interest rate may not exceed 8% and the total interest costs may not exceed $7,600,000. The annual principal and interest costs must be paid from the appropriate line category allocations in the Department of Education. The State is authorized to extend the provisions of the lease-purchase agreement on behalf of school administrative units as long as all costs of the extension are borne by the school administrative units.
PART QQ
Sec. QQ-1. Transfer from General Fund unappropriated surplus; Department of Education, Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account; fiscal year 2016-17. Notwithstanding any other provision of law, the State Controller shall transfer $3,000,000 from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account within the Department of Education no later than June 30, 2017.
PART RR
Sec. RR-1. Rename PK-20, Adult Education and Federal Programs Team program. Notwithstanding any other provision of law, the PK-20, Adult Education and Federal Programs Team program within the Department of Education is renamed the Learning Systems Team program.
PART SS
Sec. SS-1. 22 MRSA §7802, sub-§2, ¶B, as amended by PL 2013, c. 179, §6, is further amended to read:
B. The terms of full licenses or approvals are as follows.
(1) Except as provided in subparagraphs (2) to (7), the term of all full licenses and approvals issued pursuant to this chapter is for one year or the remaining period of a conditional or provisional license that has been issued for less than one year.
(2) The term of a children's residential care facility license is for 2 years.
(3) The term of a drug treatment center license may be is for either one or 2 years.
(4) The term of a family foster home or specialized foster home license is for 2 years.
(5) The term of a child care facility license issued under section 8301-A, subsection 2 is for 2 years.
(6) The term of a home day care certificate issued under section 8301-A, subsection 3 is for 2 years.
(7) The term of an adult day care program license pursuant to chapter 1679 is for either one or 2 years at the discretion of the department.
Sec. SS-2. 22 MRSA §8003, as enacted by PL 1975, c. 719, §6, is repealed and the following enacted in its place:
§ 8003. Fees and terms for licenses
License fees and terms for drug treatment centers are governed by this section.
1. Provisional license. The application fee for a provisional license for a drug treatment center may not be less than $100 nor more than $280. The term of a provisional license is for one year.
2. Full license. The application fee for a full license for a drug treatment center may not be less than $100 nor more than $280. The term of a full license is for 2 years.
3. Biennial renewal of a full license. The fee for the biennial renewal of a full license for a drug treatment center may not be less than $70 nor more than $170.
4. Adding a service site to a license. The processing fee to add a service site to an issued license for a drug treatment center may not be less than $35 nor more than $70.
5. Adding a service to a license. The processing fee to add a service to an issued license for a drug treatment center may not be less than $70 nor more than $140.
6. Fee to replace a license. A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license.
7. Transaction fee for electronic renewal of license. The transaction fee for the electronic renewal of a license for a drug treatment center may not be less than $25 nor more than $50. The transaction fee may not exceed the cost of providing the electronic renewal service.
8. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. SS-3. 22 MRSA §8108 is enacted to read:
§ 8108. Fees and terms for licenses
License fees and terms for children's residential care facilities are governed by this section.
1. Provisional license. The application fee for a provisional license for a children's residential care facility may not be less than $100 nor more than $280. The term of a provisional license is for one year.
2. Full license. The application fee for a full license for a children's residential care facility may not be less than $100 nor more than $280. The term of a full license is for 2 years.
3. Fee for biennial renewal of a full license. The fee for the biennial renewal of a full license for a children's residential care facility may not be less than $70 nor more than $170.
4. Fee to add a service site to a license. The processing fee to add a service site to an issued license for a children's residential care facility may not be less than $35 nor more than $70.
5. Fee to add a service to a license. The processing fee to add a service to an issued license for a children's residential care facility may not be less than $70 nor more than $140.
6. Fee to replace a license. A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license.
7. Transaction fee for electronic renewal of license. The transaction fee for the electronic renewal of a license for a children's residential care facility may not be less than $25 nor more than $50. The transaction fee may not exceed the cost of providing the electronic renewal service.
8. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. SS-4. 34-B MRSA §1203-A, sub-§1, ¶B, as amended by PL 2003, c. 369, §1 and affected by §2, is further amended to read:
B. A full license must be issued for a specified period of time appropriate to the type of agency or facility, but not to exceed 3 years is issued for a term of 2 years.
Sec. SS-5. 34-B MRSA §1203-A, sub-§4, as enacted by PL 1989, c. 227, §1, is amended to read:
4. Licensing fees and terms. The fee for all types of licenses is $25, except Except for those children's residential care facilities defined in Title 22, section 8101, subsection 4 and licensed in accordance with Title 22, section 8104 , fees and terms for licenses under this section are as follows.
A. The application fee for a provisional license may not be less than $100 nor more than $280. The term of a provisional license is established pursuant to subsection 3, paragraph C.
B. The application fee for a full license may not be less than $100 nor more than $280. The term of a full license is for 2 years.
C. The fee for the biennial renewal of a full license may not be less than $70 nor more than $170.
D. The processing fee to add a service site to an issued license may not be less than $35 nor more than $70.
E. The processing fee to add a service to an issued license may not be less than $70 nor more than $140.
F. A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license.
G. The transaction fee for the electronic renewal of a license may not be less than $25 nor more than $50 for the electronic renewal of a license. The transaction fee may not exceed the cost of providing the electronic renewal service.
H. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART TT
Sec. TT-1. Department of Health and Human Services to convene stakeholder group regarding methadone treatment. The Department of Health and Human Services, referred to in this Part as "the department," shall convene a stakeholder group, including representatives of patients receiving methadone treatment and outpatient methadone treatment providers, consistent with state and federal law, for the purpose of developing criteria related to outpatient methadone treatment as set forth in this section. The stakeholder group shall conclude its work by November 15, 2015.
1. Treatment criteria. The stakeholder group shall consider the establishment of criteria for receiving methadone treatment that may include one or more of the following:
A. A physician's determination that methadone treatment is medically appropriate for a patient based on the criteria established by the American Society for Addiction Medicine or similar criteria;
B. Criteria involving a patient who had received opioid addiction treatment within the past 6 months under a treatment method other than methadone treatment, including detoxification treatment, medication-assisted treatment through buprenorphine or similar medication, abstinence-based treatment or other treatment method, and the treatment was determined by a physician trained in addiction medicine not to be effective or otherwise medically appropriate; or
C. Criteria involving a patient who sought opioid addiction treatment through a treatment method other than methadone treatment within the prior 6 months but was unable to obtain the treatment.
The treatment criteria must include the requirement that a patient seeking methadone treatment be at least 18 years of age. A patient must be granted automatic approval to receive methadone treatment if treatment for the patient is court-ordered or the patient is pregnant.
2. Prior approval. The stakeholder group shall review the department's existing criteria for prior approval of a patient to continue methadone treatment beyond 24 months. The stakeholder group shall consider the need for additional criteria to ensure that methadone treatment continues to be medically appropriate for patients, including one or more of the following:
A. All applicable criteria for receiving treatment under subsection 1;
B. Evidence of active engagement in treatment services and supports;
C. Criteria for establishing a medication level at the lowest effective dosage as is medically appropriate for the patient; or
D. Evidence of progress in at least one of the following categories:
(1) Reunification with family;
(2) Employment or engagement in education or volunteer work;
(3) A reduction in illicit behavior related to addiction in the preceding 6 months;
(4) Physical health improvement; or
(5) Engagement in spiritual or community activities.
3. Treatment services. The stakeholder group shall review opportunities to create a care delivery model focused on progress, recovery and reintegration through improved oversight, including opportunities to reduce transportation costs, improve staffing and services and improve the cost-effectiveness of treatment services. The review shall consider the level of services available through other treatment methods and include, but not be limited to, the services provided by an on-site medical director or designee, on-site behavioral health and addiction counseling services and vocational and educational services and the appropriate development, as needed, of quality improvement and quality assurance programs that help patients receiving clinically based services to accomplish their treatment goals during their approved term of treatment.
Sec. TT-2. Report. The stakeholder group shall submit a report to the department and to the Joint Standing Committee on Health and Human Services with its findings and recommendations for changes, as identified pursuant to this Part, no later than December 1, 2015. Any changes to methadone treatment made by the department, pursuant to the proposed changes included in the stakeholder group's report, must take effect March 1, 2016.
PART UU
Sec. UU-1. 22 MRSA §254-D, sub-§4, ¶B, as enacted by PL 2005, c. 401, Pt. A, §2, is amended to read:
B. An individual is eligible for the program if that individual:
(1) Is a legal resident of the State;
(2) Meets the income eligibility criteria set forth in this section or is eligible for both MaineCare and Medicare Part D;
(3) Does not receive full MaineCare pharmaceutical benefits; and
(4) Is at least 62 years of age, or is 19 years of age or older and determined to be disabled by the standards of the federal social security program. A person who was eligible for the program at any time from August 1, 1998 to July 31, 1999 and who does not meet the requirements of this subparagraph at the time of application or renewal retains eligibility for the program if that person is a member of a household of an eligible person . ; and
(5) Does not have more than $50,000 individually or more than $75,000 per couple in liquid assets.
PART VV
Sec. VV-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 as necessary 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 WW
Sec. WW-1. 5 MRSA §1591, sub-§2, ¶F, as enacted by PL 2013, c. 368, Pt. MMM, §3, is amended to read:
F. Any balance remaining in the Medicaid Waiver for Brain Injury Residential/Community Services program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year; and
Sec. WW-2. 5 MRSA §1591, sub-§2, ¶G, as enacted by PL 2013, c. 368, Pt. MMM, §4, is amended to read:
G. Any balance remaining in the Medicaid Waiver for Other Related Conditions program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year . ;
Sec. WW-3. 5 MRSA §1591, sub-§2, ¶¶H and I are enacted to read:
H. Any balance remaining in the Bridging Rental Assistance Program, General Fund account at the end of any fiscal year to be carried forward for use in the next fiscal year for the same purpose; and
I. Any balance remaining in the Consumer-directed Services program, General Fund account at the end of any fiscal year to be carried forward for use by this program in the next fiscal year.
PART XX
Sec. XX-1. 34-B MRSA §3011 is enacted to read:
§ 3011. Bridging Rental Assistance Program
The Bridging Rental Assistance Program is established within the department as a transitional housing voucher program. The purpose of the program is to assist persons with mental illness with housing assistance for up to 24 months or until they receive assistance from a housing voucher program administered by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 412, Section 8 or receive an alternative housing placement. The department shall adopt rules to carry out the purpose of the program. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART YY
Sec. YY-1. 22 MRSA §3273, sub-§7-A, as enacted by PL 2009, c. 462, Pt. I, §2, is amended to read:
7-A. Transfer of funds prohibited. Funds appropriated to support benefits authorized under sections 3271 and 3274 may not be transferred by financial order unless the funds are transferred to the Department of Health and Human Services, Departmentwide program. These amounts may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART ZZ
Sec. ZZ-1. 22 MRSA §3104-A, as amended by PL 2013, c. 368, Pt. OO, §§1 and 2, is repealed.
Sec. ZZ-2. 22 MRSA §3273, sub-§9, as enacted by PL 1997, c. 643, Pt. WW, §1, is repealed.
Sec. ZZ-3. 22 MRSA §3762, sub-§3, ¶B, as amended by PL 2013, c. 368, Pt. UUU, §1 and affected by §2, is further amended to read:
B. The department may use funds, insofar as resources permit, provided under and in accordance with the United States Social Security Act or state funds appropriated for this purpose or a combination of state and federal funds to provide assistance to families under this chapter. In addition to assistance for families described in this subsection, funds must be expended for the following purposes:
(1) To continue the pass-through of the first $50 per month of current child support collections and the exclusion of the $50 pass-through from the budget tests and benefit calculations;
(2) To provide financial assistance to noncitizens legally admitted to the United States who are receiving assistance under this subsection as of July 1, 2011. Recipients of assistance under this subparagraph are limited to the categories of noncitizens who would be eligible for the TANF programs but for their status as aliens under PRWORA. Eligibility for the TANF program for these categories of noncitizens must be determined using the criteria applicable to other recipients of assistance from the TANF program. Any household receiving assistance as of July 1, 2011 may continue to receive assistance, as long as that household remains eligible, without regard to interruptions in coverage or gaps in eligibility for service. A noncitizen legally admitted to the United States who is neither receiving assistance on July 1, 2011 nor has an application pending for assistance on July 1, 2011 that is later approved is not eligible for financial assistance through a state-funded program unless that noncitizen is:
(a) Elderly or disabled, as described under the laws governing supplemental security income in 42 United States Code, Sections 1381 to 1383f (2010);
(b) A victim of domestic violence;
(c) Experiencing other hardship, such as time necessary to obtain proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; or
(d) Unemployed but has obtained proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A;
(3) To provide benefits to certain 2-parent families whose deprivation is based on physical or mental incapacity;
(4) To provide an assistance program for needy children, 19 to 21 years of age, who are in full-time attendance in secondary school. The program is operated for those individuals who qualify for TANF under the United States Social Security Act, except that they fail to meet the age requirement, and is also operated for the parent or caretaker relative of those individuals. Except for the age requirement, all provisions of TANF, including the standard of need and the amount of assistance, apply to the program established pursuant to this subparagraph;
(5) To provide assistance for a pregnant woman who is otherwise eligible for assistance under this chapter, except that she has no dependents under 19 years of age. An individual is eligible for the monthly benefit for one eligible person if the medically substantiated expected date of the birth of her child is not more than 90 days following the date the benefit is received;
(6) To provide a special housing allowance for TANF families whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 75% of their monthly income. The special housing allowance is limited to $200 per month for each family. For purposes of this subparagraph, "monthly income" means the total of the TANF monthly benefit and all income countable under the TANF program, plus child support received by the family, excluding the $50 pass-through payment;
(7) In determining benefit levels for TANF recipients who have earnings from employment, the department shall disregard from monthly earnings the following:
(a) One hundred and eight dollars;
(b) Fifty percent of the remaining earnings that are less than the federal poverty level; and
(c) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs;
(8) In cases when the TANF recipient has no child care cost, the monthly TANF benefit is the maximum payment level or the difference between the countable earnings and the standard of need established by rule adopted by the department, whichever is lower;
(9) In cases when the TANF recipient has child care costs, the department shall determine a total benefit package, including TANF cash assistance, determined in accordance with subparagraph (7) and additional child care assistance, as provided by rule, necessary to cover the TANF recipient's actual child care costs up to the maximum amount specified in section 3782-A, subsection 5. The benefit amount must be paid as provided in this subparagraph.
(a) Before the first month in which child care assistance is available to an ASPIRE-TANF recipient under this paragraph and periodically thereafter, the department shall notify the recipient of the total benefit package and the following options of the recipient: to receive the total benefit package directly; or to have the department pay the recipient's child care assistance directly to the designated child care provider for the recipient and pay the balance of the total benefit package to the recipient.
(b) If an ASPIRE-TANF recipient notifies the department that the recipient chooses to receive the child care assistance directly, the department shall pay the total benefit package to the recipient.
(c) If an ASPIRE-TANF recipient does not respond or notifies the department of the choice to have the child care assistance paid directly to the child care provider from the total benefit package, the department shall pay the child care assistance directly to the designated child care provider for the recipient. The department shall pay the balance of the total benefit package to the recipient;
(10) Child care assistance under this paragraph must be paid by the department in a prompt manner that permits an ASPIRE-TANF recipient to access child care necessary for work; and
(11) The department shall adopt rules pursuant to Title 5, chapter 375 to implement this subsection. Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
PART AAA
Sec. AAA-1. Transfer of funds. Notwithstanding any other provision of law, for fiscal years 2015-16 and 2016-17 only, the Department of Health and Human Services is authorized to transfer available balances of All Other or Personal Services appropriations, after all salary, benefit and other obligations are met, in the Developmental Services - Community program account to the Personal Services line category of the Crisis Outreach Program account by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART BBB
Sec. BBB-1. 22 MRSA §3173, 4th ¶, as repealed and replaced by PL 1979, c. 127, §144, is repealed and the following enacted in its place:
An application for aid under this chapter must be acted on and a decision made within 45 days after receipt of the application, except that an application for aid under this chapter that is based on a disability must be acted on and a decision made within 90 days after receipt of the application.
Sec. BBB-2. Application. This Part applies to applications for aid filed pursuant to the Maine Revised Statutes, Title 22, chapter 855 on or after the effective date of this Part.
PART CCC
Sec. CCC-1. PL 2007, c. 240, Pt. X, §2, as amended by PL 2013, c. 368, Pt. VVV, §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, 2015 2017, 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.
PART DDD
Sec. DDD-1. 22 MRSA §4301, sub-§3, as amended by PL 2013, c. 368, Pt. OO, §4, is further amended to read:
3. Eligible person. "Eligible person" means a person who is qualified to receive general assistance from a municipality according to standards of eligibility determined by the municipal officers whether or not that person has applied for general assistance. "Eligible person" does not include a person who is a fugitive from justice as defined in Title 15, section 201, subsection 4. "Eligible person" also does not include:
A. An alien who is not a qualified alien as defined in 8 United States Code, Section 1641;
B. A nonimmigrant under the federal Immigration and Nationality Act, 8 United States Code, Section 1101 et seq.; or
C. An alien who is paroled into the United States under the federal Immigration and Nationality Act, 8 United States Code, Section 1182(d)(5) for less than one year.
PART EEE
Sec. EEE-1. Transfer of funds. Notwithstanding any other provision of law, dedicated family support services funds within the Department of Health and Human Services, Developmental Services - Community program may be transferred to support individuals receiving services to the Office of Aging and Disability Services Central Office program and the Long Term Care - Office of Aging and Disability Services program by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART FFF
Sec. FFF-1. Transfer of funds. Notwithstanding any other provision of law, available balances of appropriations in the Nursing Facilities program in the Department of Health and Human Services may be transferred to support individuals who are transitioning to the Money Follows the Person/Homeward Bound program through the home-based care program by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART GGG
Sec. GGG-1. Transfer of funds. Notwithstanding any other provision of law, for fiscal years 2015-16 and 2016-17, the Department of Health and Human Services may transfer available balances of appropriations from the State-funded Foster Care/Adoption Assistance program in the All Other line category to the Office of Child and Family Services - Central and the Office of Child and Family Services - District programs to fund expenditures in the Personal Services or All Other line category that are incurred due to the cost of administering the child welfare program. These amounts may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART HHH
Sec. HHH-1. Study of court facility needs. The Judicial Department shall conduct or contract for architectural feasibility studies to improve court facilities in Oxford County, Waldo County and York County. The Judicial Department shall report on the findings of the feasibility studies 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 judiciary matters by January 1, 2017.
PART III
Sec. III-1. 2 MRSA §6, sub-§2, as amended by PL 2013, c. 491, §1, is further amended to read:
2. Range 90. The salaries of the following state officials and employees are within salary range 90:
Superintendent of Financial Institutions;
Superintendent of Consumer Credit Protection;
State Tax Assessor;
Associate Commissioner for Tax Policy, Department of Administrative and Financial Services;
Superintendent of Insurance;
Executive Director of the Maine Consumer Choice Health Plan;
Deputy Commissioner, Department of Administrative and Financial Services;
Deputy Commissioner, Department of Corrections;
Public Advocate;
Deputy Commissioner Two deputy commissioners, Department of Health and Human Services;
Chief Information Officer;
Associate Commissioner, Department of Corrections; and
Chief of the State Police.
Sec. III-2. 2 MRSA §6, sub-§11, as amended by PL 2007, c. 539, Pt. N, §2, is further amended to read:
11. Range 38. The salaries salary of 2 one deputy commissioners commissioner of the Department of Health and Human Services are is within salary range 38.
PART JJJ
Sec. JJJ-1. Department of Health and Human Services; transfer of funds for MaineCare payments authorized. Notwithstanding any provision of law, for fiscal years 2015-16 and 2016-17 only, available balances of appropriations, excluding balances in the IV-E Foster Care/Adoption Assistance and State-funded Foster Care/Adoption Assistance programs, including available balances of Personal Services appropriations from any account within the Department of Health and Human Services, may be transferred between MaineCare, MaineCare-related and non-MaineCare-related accounts by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
Sec. JJJ-2. Transfer of Personal Services balances to All Other; state psychiatric centers. Notwithstanding any other provision of law, for fiscal years 2015-16 and 2016-17 only, the Department of Health and Human Services is authorized to transfer available balances of Personal Services appropriations in the Disproportionate Share - Dorothea Dix Psychiatric Center program, the Disproportionate Share - Riverview Psychiatric Center program and the Riverview Psychiatric Center program after all salary, benefit and other obligations are met to the All Other line category of those programs in order to provide funding for an electronic medical records system. These amounts may be transferred by financial order upon the recommendation of the State Budget Officer and approval of the Governor. These transfers are not considered adjustments to appropriations.
PART KKK
Sec. KKK-1. 22 MRSA §4311, sub-§1-B, ¶A, as amended by PL 1991, c. 9, Pt. U, §8, is further amended to read:
A. Fifty percent of all general assistance granted by that municipality below the .0003 % of all state valuation amount; or
Sec. KKK-2. 22 MRSA §4311, sub-§1-C, as enacted by PL 2013, c. 368, Pt. OO, §10, is amended to read:
1-C. Indian tribe reimbursement. The department shall reimburse each Indian tribe for the costs of a portion of the direct costs of paying benefits through its general assistance program if the department finds that the Indian tribe was in compliance with all requirements of this chapter during the fiscal year for which those benefits are sought.
The amount of reimbursement must be calculated for each fiscal year by adding 10% of all general assistance granted up to the threshold amount to 100% of all general assistance granted above the threshold amount.
For the purposes of this subsection, "Indian tribe" has the same meaning as in section 411, subsection 8-A. For purposes of this subsection, "threshold amount" means 0.0003 of the Indian tribe’s most recent state valuation, as determined by the State Tax Assessor in the statement filed as provided in Title 36, section 381, relative to the year for which reimbursement is being issued.
Sec. KKK-3. 22 MRSA §4311, sub-§1-D is enacted to read:
1-D. Departmental reimbursement for fiscal years beginning on or after July 1, 2015. Notwithstanding any other provision of this section, for fiscal years beginning on or after July 1, 2015, the department shall reimburse each municipality and each Indian tribe 90% of the direct costs of its general assistance program to the extent that reimbursement for the fiscal year does not exceed 40% of the municipality's or tribe's average adjusted direct costs for the prior 6 fiscal years. If and when reimbursement under this subsection to a municipality or Indian tribe in a fiscal year equals 40% of its average adjusted direct costs for the prior 6 fiscal years, subsequent reimbursement by the department to the municipality or tribe for the remainder of the fiscal year is limited to 10% of the municipality's or tribe's subsequent direct costs. For purposes of this subsection, "adjusted direct costs" means a municipality's or tribe's direct costs plus an amount that is equal to the municipality's or tribe's annual unemployment rate expressed as a percentage multiplied by the annual direct costs of its general assistance program.
Sec. KKK-4. 22 MRSA §4311, sub-§2, as amended by PL 2013, c. 368, Pt. OO, §11, is further amended to read:
2. Submission of reports. Municipalities shall submit reports as follows.
A. For purposes of this section, those municipalities that received reimbursement at 90% of $10,000 or more during the previous fiscal year of the State and those municipalities that expect to receive reimbursement at 90% of $10,000 or more during the current fiscal year of the State must shall submit monthly reports on forms provided by the department.
B. Those municipalities that did not receive reimbursement at 90% of $10,000 or more during the previous fiscal year and do not expect to receive reimbursement at 90% of $10,000 or more for the current fiscal year must shall submit quarterly or semiannual reports on forms provided by the department.
Indian tribes must shall submit monthly reports on forms provided by the department.
Sec. KKK-5. 22 MRSA §4311, sub-§4 is enacted to read:
4. Definition. As used in this section, unless the context otherwise indicates, "Indian tribe" has the same meaning as in section 411, subsection 8-A.
PART LLL
Sec. LLL-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2015, the State Controller shall transfer $386,000 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.
PART MMM
Sec. MMM-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2015, the State Controller shall transfer $37,000 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, 2016, the State Controller shall transfer $37,000 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.
PART NNN
Sec. NNN-1. 12 MRSA §10251, sub-§4, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
4. Uses of fund. Prior to July 1, 2010, the Treasurer of State continuously shall reinvest all earnings of the fund and may not authorize any payments from the fund or use any earnings of the fund, except those necessary to pay the costs of administering the fund. On July 1, 2010, and on July 1st of each year thereafter, the Treasurer of State shall transfer to the department an amount equal to determined by the department, not to exceed 5% of the fund principal. Additional interest earned by the fund, if any, must be reinvested. All funds received from the department under section 10851 and this section are subject to allocation by the Legislature.
PART OOO
Sec. OOO-1. 12 MRSA §10202, sub-§9, as amended by PL 2013, c. 368, Pt. ZZ, §1, is further amended to read:
9. Fiscal Stability Program. The Fiscal Stability Program is established to ensure that the general public and hunters and anglers share the cost of the fish and wildlife conservation programs of the department. To achieve this goal, beginning with the 2016-2017 2018-2019 biennial budget and for each biennial budget thereafter, the biennial budget submitted by the executive branch must include an additional General Fund appropriation of 18% in excess of the department's requested biennial budget.
PART PPP
Sec. PPP-1. 34-A MRSA §4117, as enacted by PL 2013, c. 28, §12, is amended to read:
§ 4117. Adult offenders
The commissioner may confine adults sentenced and committed to the custody of the department who have not attained 26 years of age in the Mountain View Youth Development Center as long as the housing facilities for adult offenders are fully separated from the housing facilities for juvenile clients and the commissioner maintains at all times full compliance with mandatory sight and sound separation standards established by federal law. All provisions of this Title that are applicable to prisoners apply to adult offenders confined in the Mountain View Youth Development Center as if they were confined in a correctional facility housing only adults.
PART QQQ
Sec. QQQ-1. 14 MRSA §1215, as amended by PL 1991, c. 528, Pt. E, §13 and affected by Pt. RRR and amended by c. 591, Pt. E, §13, is further amended to read:
§ 1215. Mileage and compensation of jurors
A juror is entitled to paid mileage at the rate of 15¢ per mile for travel expenses from the juror's residence to the place of holding court and return and , except that, beginning July 1, 2016, a juror is entitled to paid mileage at the rate established in Title 5, section 8. A juror is entitled to compensation at the rate of $10 $15 for each day of required attendance at sessions of the court.
PART RRR
Sec. RRR-1. 4 MRSA §153, sub-§3, as amended by PL 1995, c. 330, §1, is further amended to read:
3. Western Aroostook. Western Aroostook consists of the municipalities and unorganized territory known as Hamlin Plt., Cyr Plt., T17 R3, T17 R4, T16 R5, T15 R6, Winterville Plt., T15 R8, T15 R9, T14 R10, T14 R11, T14 R12, T14 R13, T14 R14, T14 R15, T14 R16, and all municipalities and unorganized territory in Aroostook County lying to the west and north of these. The District Court for Western Aroostook must be held at Madawaska and Fort Kent. The Chief Judge shall determine the level of service at each location.
PART SSS
Sec. SSS-1. 2 MRSA §6, sub-§2, as amended by PL 2013, c. 491, §1, is further amended to read:
2. Range 90. The salaries of the following state officials and employees are within salary range 90:
Superintendent of Financial Institutions;
Superintendent of Consumer Credit Protection;
State Tax Assessor;
Associate Commissioner for Tax Policy, Department of Administrative and Financial Services;
Superintendent of Insurance;
Executive Director of the Maine Consumer Choice Health Plan;
Deputy Commissioner, Department of Administrative and Financial Services;
Deputy Commissioner, Department of Corrections;
Public Advocate;
Deputy Commissioner, Department of Health and Human Services;
Chief Information Officer;
Associate Commissioner, Department of Corrections; and
Chief of the State Police . ; and
Securities Administrator, Office of Securities.
Sec. SSS-2. 2 MRSA §6, sub-§4, as repealed and replaced by PL 2007, c. 695, Pt. A, §5 and affected by §47 and amended by PL 2011, c. 286, Pt. B, §5, is further amended to read:
4. Range 88. The salaries of the following state officials and employees are within salary range 88:
Director, Bureau of Air Quality;
Director, Bureau of Land and Water Quality;
Director, Bureau of Remediation and Waste Management;
Deputy Commissioner, Environmental Protection;
Director, Office of Professional and Occupational Regulation; and
Administrator, Office of Securities; and
Deputy Chief of the State Police.
PART TTT
Sec. TTT-1. 20-A MRSA §6103, sub-§3-A, as amended by PL 2005, c. 519, Pt. I, §1, is further amended to read:
3-A. Fees. The commissioner Commissioner of Public Safety shall assess a fee of $55 for each initial criminal history record check and $24 for each renewal criminal history record check required by this section.
Sec. TTT-2. 20-A MRSA §6103, sub-§6, as amended by PL 2005, c. 457, Pt. CC, §3, is further amended to read:
6. Fingerprinting. The applicant shall submit to having fingerprints taken. The Maine State Police, upon payment by the applicant or any other entity required by law of the expenses specified in subsection 3-A, shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the Maine State Police for purposes of this section must be paid over to the Treasurer of State for deposit in accordance with Title 20-A, section 6103, subsection 10 the State Police program, Other Special Revenue Funds account in the Department of Public Safety for the purpose of funding the costs of the Department of Public Safety to administer the criminal history record checks under this section.
Sec. TTT-3. 20-A MRSA §6103, sub-§10, as enacted by PL 2005, c. 457, Pt. CC, §4, is amended to read:
10. Criminal History Record Check Fund. The Criminal History Record Check Fund is created as a dedicated fund within the Department of Education for the deposit of any fees collected pursuant to subsection 3-A transfer of funds from the Department of Public Safety to cover a portion of the cost of a position that issues certificates. The purpose of the fund is to reimburse the Department of Public Safety, State Bureau of Identification for the cost of conducting the fingerprinting and needed state and national criminal history record checks pursuant to this section. The fund may not lapse, but must be carried forward to carry out the purposes of this chapter.
Sec. TTT-4. 25 MRSA §1541, sub-§6, as amended by PL 2013, c. 267, Pt. B, §22, is further amended to read:
6. Establishment of fees. The State Bureau of Identification may charge a fee to individuals, nongovernmental organizations, governmental organizations that are engaged in licensing and governmental organizations that are not a governmental entity of the State, a county of the State or a municipality of the State for each criminal history record check requested for noncriminal justice purposes pursuant to Title 16, chapter 7. The requestor shall provide a name and date of birth for each record being requested. A request made pursuant to 5 United States Code, Section 9101 must be accompanied by fingerprints. A governmental organization that is engaged in licensing may charge an applicant for the cost of the criminal history record check. The commissioner shall establish a schedule of fees that covers the cost of providing these services. One dollar of each fee generated under this subsection must be deposited to the Other Special Revenue Funds account within the Bureau of State Police to offset the cost of maintenance and replacement of both hardware and software associated with the criminal history record check system. The remaining revenues generated from these fees must be credited to the General Fund.
Notwithstanding any other provision of law, the full fee charged for fingerprint-supported criminal history record checks fees as collected pursuant to Title 20-A, section 6103, subsection 3-A must be deposited in the State Police program, Other Special Revenue Funds account for the purpose of funding the costs of the Department of Public Safety to administer the criminal history record check program. Notwithstanding any provision of law, all fees associated with any criminal history record check requirements established after July 1, 2015 must be deposited in a dedicated revenue account for the purposes of paying costs incurred by the Department of Public Safety, State Bureau of Identification to conduct such checks.
Sec. TTT-5. Transfer of funds. Notwithstanding any other provision of law, the Department of Education shall transfer $500,000 from the Criminal History Record Check Fund program, Other Special Revenue Funds account to the Department of Public Safety, State Police program, Other Special Revenue Funds account by July 31, 2015.
PART UUU
Sec. UUU-1. Carrying provision; Department of Secretary of State, Administration - Archives. Notwithstanding any other provision of law, the State Controller shall carry forward any unexpended balance in the Personal Services and All Other line categories at the end of fiscal years 2014-15 and 2015-16 to the next fiscal year in the Department of Secretary of State, Administration - Archives program. The amounts carried forward may be transferred to the All Other line category upon the recommendation of the State Budget Officer and approval of the Governor for the purpose of providing funding for archive activities.
PART VVV
Sec. VVV-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 $900,000 by August 15, 2015 and $750,000 by August 15, 2016 from the General Fund unappropriated surplus to the Callahan Mine Site Restoration program, Other Special Revenue Funds account within the Department of Transportation to be used to design and implement clean-up initiatives at the Callahan Mine site.
PART WWW
Sec. WWW-1. 34-A MRSA §1403, sub-§2, ¶D, as enacted by PL 2013, c. 491, §3, is amended to read:
D. The commissioner may appoint and set the salary for a director of operations , and a policy development coordinator and a media and public information officer to assist in carrying out the responsibilities of the department. An appointment is for an indeterminate term and until a successor is appointed and qualified or during the pleasure of the commissioner.
PART XXX
Sec. XXX-1. Continuation of limited-period positions. Notwithstanding any provision of law to the contrary, all limited-period positions throughout State Government that are scheduled to expire during June 2015 are continued until August 1, 2015.
PART YYY
Sec. YYY-1. Transfer to General Fund; Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $100,000 no later than June 30, 2016 from the Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus.
Sec. YYY-2. Transfer to General Fund; Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $100,000 no later than June 30, 2017 from the Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus.
PART ZZZ
Sec. ZZZ-1. 5 MRSA §2002, sub-§11, as enacted by PL 2005, c. 12, Pt. SS, §16, is amended to read:
11. State funds. "State funds" means bond revenues and General Fund money appropriated or allocated by the Legislature for the purposes of this chapter.
Sec. ZZZ-2. 5 MRSA §2006, sub-§4, as enacted by PL 2013, c. 122, §1, is amended to read:
4. Matching funds. Money in the accounts State funds used to purchase geospatial data must be matched by funding from other sources at at least a one-to-one ratio.
PART AAAA
Sec. AAAA-1. Department of Administrative and Financial Services, Information Services program, General Fund account carry-forward. Notwithstanding any provision of law to the contrary, any balance remaining in the Department of Administrative and Financial Services, Information Services program, General Fund account at the close of fiscal year 2015-16 and fiscal year 2016-17 may not lapse and must be carried forward in the same program.
PART BBBB
Sec. BBBB-1. 5 MRSA §1742, sub-§26, as corrected by RR 2011, c. 2, §2, is repealed.
Sec. BBBB-2. 5 MRSA §13080-D, sub-§5 is enacted to read:
5. Rental by Maine Military Authority. Income from the rental of facilities in Limestone by the Maine Military Authority must be credited to the authority. These funds must be used for repairs, capital improvements or other costs of maintaining the facilities operated by the Maine Military Authority in Limestone.
PART CCCC
Sec. CCCC-1. 29-A MRSA §501, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. Passenger vehicles for hire. The fee for a passenger vehicle used for hire is double the fee provided in subsection 1 , except that for a passenger vehicle used for hire that is equipped with adaptive equipment to make that vehicle accessible by a person with a disability the fee is the same fee provided in subsection 1. The Secretary of State may issue a 2nd registration for the same vehicle at no additional fee.
Sec. CCCC-2. 36 MRSA §1483, sub-§15, as amended by PL 2007, c. 404, §2 and affected by §4, is further amended to read:
15. Adaptive equipment. Adaptive equipment installed on a motor vehicle owned by a disabled person or the family of a disabled person or by a carrier engaged in furnishing passenger service for hire to make that vehicle operable or accessible by a disabled person; and
PART DDDD
Sec. DDDD-1. 5 MRSA §17704-B, as amended by PL 2009, c. 213, Pt. SSS, §2 and c. 474, §18, is further amended to read:
§ 17704-B. Back contributions for certain days off without pay
1. Election. If the retirement system determines at the time a member retires that the member's benefit would be increased as a result of the inclusion of compensation that would have been paid for days off without pay or for days worked for which the level of pay is reduced as the result of the freezing of merit pay and longevity pay in fiscal year 2002-03, 2009-10 or , 2010-11 or 2012-13, or a combination thereof, as provided in section 17001, subsection 4, paragraph A, the retirement system shall advise the member of that result and shall allow the member to elect to have that compensation included in the calculation of the member's benefit and to make payments set forth in subsection 2.
2. Payment. The amount that a member who makes the election permitted in subsection 1 must pay is the amount equal to the employee contribution that member would have made on compensation that would have been paid to that member on the days off without pay or for days worked for which the level of pay is reduced as the result of the freezing of merit pay and longevity pay during fiscal year 2002-03, 2009-10 or , 2010-11 or 2012-13, or a combination thereof, as provided in section 17001, subsection 4, paragraph A, plus interest at a rate, to be set by the board, not to exceed regular interest by 5 or more percentage points. Interest must be computed beginning at the end of the year when those contributions or pick-up contributions would have been made to the date of payment. If the member elects to make the payment, the retirement system shall withhold the required amount from the member's first retirement benefit check.
3. Benefit calculation. If the member fails to make the election within 31 days of the notification provided under subsection 1, the retirement system shall calculate the member's retirement benefit without inclusion of the days off without pay and without inclusion of the compensation that otherwise would have been paid if the freezing of merit pay and longevity pay had not occurred during fiscal year 2002-03, 2009-10 or , 2010-11 or 2012-13, or a combination thereof, as provided in section 17001, subsection 4, paragraph A.
PART EEEE
Sec. EEEE-1. Use of salary plan authorized. Notwithstanding any provision of law to the contrary, the State Budget Officer may transfer up to $6,500,000 in the fiscal year ending June 30, 2016 and up to $6,500,000 in the fiscal year ending June 30, 2017 from the Salary Plan program, General Fund account in the Department of Administrative and Financial Services to programs within the Department of Corrections to implement wage adjustments to aid in the recruitment and retention of employees and to provide parity between state correctional employees and county or regional jail employees who perform direct care or supervision of prisoners.
PART FFFF
Sec. FFFF-1. Vacancy review; positions held vacant in excess of one year; elimination of positions. The Department of Administrative and Financial Services, Bureau of the Budget shall conduct a review of vacant positions in executive branch departments and agencies, regardless of funding source, that have been vacant in excess of one year, identifying total General Fund savings in the Personal Services line category equal to $3,000,000 in fiscal year 2015-16. The Commissioner of Administrative and Financial Services shall submit a report with any recommendations for eliminating vacant positions to the Joint Standing Committee on Appropriations and Financial Affairs by September 30, 2015. On or before October 1, 2015, the State Budget Officer, upon approval by the Governor, is authorized to submit a financial order to adjust position counts and reduce allotment in the affected accounts as identified in the commissioner's report. This financial order is considered an adjustment to authorized position count, appropriations and allocations.
PART GGGG
Sec. GGGG-1. Distribution of assistant district attorney positions. The Attorney General and the 8 district attorneys shall jointly develop a proposed policy on the distribution of assistant district attorney positions across all prosecutorial districts that is equitable to each district. The Attorney General and the district attorneys shall jointly submit a written report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Judiciary by September 1, 2015. The report must contain the proposed policy, a description of the process used to develop the proposed policy and any other information the Attorney General and the district attorneys believe is relevant. The Joint Standing Committee on Judiciary may report out legislation related to the report to the Second Regular Session of the 127th Legislature.
PART HHHH
Sec. HHHH-1. 37-B MRSA §3, sub-§1, ¶D, as amended by PL 2013, c. 469, §1 and c. 569, §2, is further amended to read:
D. Have the following powers and duties.
(1) The Adjutant General shall administer the department subordinate only to the Governor.
(2) The Adjutant General shall establish methods of administration consistent with the law necessary for the efficient operation of the department.
(3) The Adjutant General may prepare a budget for the department.
(4) The Adjutant General may transfer personnel from one bureau to another within the department.
(5) The Adjutant General shall supervise the preparation of all state informational reports required by the federal military establishment.
(6) The Adjutant General shall keep an accurate account of expenses incurred and, in accordance with Title 5, sections 43 to 46, make a full report to the Governor as to the condition of the military forces, and as to all business transactions of the Military Bureau, including detailed statements of expenditures for military purposes.
(7) The Adjutant General is responsible for the custody, care and repair of all military property belonging to or issued to the State for the military forces and shall dispose of military property belonging to the State that is unserviceable. The Adjutant General shall account for and deposit the proceeds from that disposal with the Treasurer of State, who shall credit them to the Capital Repair, Maintenance, Construction and Acquisition Account of the Military Bureau.
(8) The Adjutant General may sell for cash to officers of the state military forces, for their official use, and to organizations of the state military forces, any military or naval property that is the property of the State. The Adjutant General shall, with an annual report, render to the Governor an accurate account of the sales and deposit the proceeds of the sales with the Treasurer of State, who shall credit them to the General Fund.
(9) The Adjutant General shall represent the state military forces for the purpose of establishing the relationship between the federal military establishment and the various state military staff departments.
(10) The Adjutant General shall accept, receive and administer federal funds for and on behalf of the State that are available for military purposes or that would further the intent and specific purposes of this chapter and chapter 3. The Adjutant General shall provide the personnel, supplies, services and matching funds required by a federal cost-sharing arrangement pursuant to 31 United States Code, Chapters 63 and 65 (2013); 32 United States Code (2013); and National Guard Regulation 5-1 (2010). The Adjutant General shall receive funds and property and an accounting for all expenditures and property acquired through such a federal cost-sharing arrangement and make returns and reports concerning those expenditures and that property as required by such a federal cost-sharing arrangement.
(11) The Adjutant General shall acquire, construct, operate and maintain military facilities necessary to comply with this Title and Title 32 of the United States Code and shall operate and maintain facilities now within or hereafter coming within the jurisdiction of the Military Bureau.
(12) The Adjutant General may adopt rules pertaining to compliance with state and federal contracting requirements, subject to Title 5, chapter 375. Those rules must provide for approval of contracts by the appropriate state agency.
(13) The Adjutant General shall allocate and supervise any funds made available by the Legislature to the Civil Air Patrol.
(14) The Adjutant General shall report at the beginning of each biennium to the joint standing committee of the Legislature having jurisdiction over veterans' affairs on any recommended changes or modifications to the laws governing veterans' affairs, particularly as those changes or modifications relate to changes in federal veterans' laws. The report must include information on the status of communications with the United States Department of Veterans Affairs regarding the potential health risks to and the potential disabilities of veterans who as members of the Maine National Guard were exposed to environmental hazards at the Canadian military support base in Gagetown, New Brunswick, Canada.
(15) The Adjutant General may receive personal property from the United States Department of Defense that the Secretary of Defense has determined is suitable for use by agencies in law enforcement activities, including counter-drug activities, and in excess of the needs of the Department of Defense pursuant to 10 United States Code, Section 2576a, and transfer ownership of that personal property to state, county and municipal law enforcement agencies notwithstanding any other provision of law. The Adjutant General may receive excess personal property from the United States Department of Defense for use by the department, notwithstanding any other provision of law.
(16) The Adjutant General may establish a science, mathematics and technology education improvement program for schoolchildren known as the STARBASE Program. The Adjutant General may accept financial assistance and in-kind assistance, advances, grants, gifts, contributions and other forms of financial assistance from the Federal Government or other public body or from other sources, public or private, to implement the STARBASE Program. The Adjutant General may employ a director and other employees, permanent or temporary, to operate the STARBASE Program.
(17) The Adjutant General shall establish a system, to be administered by the Director of the Bureau of Maine Veterans' Services, to express formally condolence and appreciation to the closest surviving family members of members of the United States Armed Forces who, since September 11, 2001, are killed in action or die as a consequence of injuries that result in the award of a Purple Heart medal. In accordance with the existing criteria of the department for the awarding of gold star medals, this system must provide for the Adjutant General to issue up to 3 gold star medals to family members who reside in the State, one to the spouse of the deceased service member and one to the parents of the service member. If the parents of the service member are divorced, the Adjutant General may issue one medal to each parent. If the service member has no surviving spouse or parents or if they live outside of the State, the Adjutant General may issue a gold star medal to the service member's next of kin, as reported to the department, who resides in the State.
(18) The Adjutant General may establish a National Guard Youth Challenge Program consistent with 32 United States Code, Section 509 (1990). The Adjutant General may accept financial assistance from the Federal Government or other public body or from other sources, public and private, to implement the National Guard Youth Challenge Program. The Adjutant General may employ a director and other employees, permanent or temporary, to operate the program.
(19) The Adjutant General may execute cooperative agreements for purposes described or defined by this Title and other arrangements necessary to operate the department.
(20) The Adjutant General shall act as the Governor's homeland security advisor.
(21) Notwithstanding any other provision of law, the Adjutant General shall establish maximum hourly base rates of pay, overtime rates of pay or total compensation that does not exceed any salary caps established by a master cooperative agreement or an appendix to such an agreement between the United States Department of Defense, National Guard Bureau and this State for military firefighters, military firefighter supervisors, the assistant military fire chief and any state employee performing fire protection activities pursuant to a master cooperative agreement.
(22) Notwithstanding any other provision of law, the Adjutant General shall establish maximum hourly base rates of pay, overtime rates of pay or total compensation that does not exceed any salary caps, authorized charges or federal funding of programs pursuant to a master cooperative agreement or an appendix to such an agreement between the United States Department of Defense, National Guard Bureau and this State.
PART IIII
Sec. IIII-1. Rename Land and Water Quality program. Notwithstanding any other provision of law, the Land and Water Quality program within the Department of Environmental Protection is renamed the Water Quality program.
Sec. IIII-2. Establish Land Resources program. Notwithstanding any other provision of law, the Land Resources program is established within the Department of Environmental Protection.
PART JJJJ
Sec. JJJJ-1. 2 MRSA §6, sub-§4, as repealed and replaced by PL 2007, c. 695, Pt. A, §5 and affected by §47 and amended by PL 2011, c. 286, Pt. B, §5, is further amended to read:
4. Range 88. The salaries of the following state officials and employees are within salary range 88:
Director, Bureau of Air Quality;
Director, Bureau of Land and Water Quality;
Director, Bureau of Land Resources;
Director, Bureau of Remediation and Waste Management;
Deputy Commissioner, Environmental Protection;
Director, Office of Professional and Occupational Regulation;
Administrator, Office of Securities; and
Deputy Chief of the State Police.
Sec. JJJJ-2. 5 MRSA §938, sub-§1-A, ¶G, as enacted by PL 1995, c. 560, Pt. E, §2, is amended to read:
G. Director, Bureau of Remediation and Waste Management; and
Sec. JJJJ-3. 5 MRSA §938, sub-§1-A, ¶H, as enacted by PL 1995, c. 560, Pt. E, §2, is amended to read:
H. Director, Bureau of Land and Water Quality . ; and
Sec. JJJJ-4. 5 MRSA §938, sub-§1-A, ¶I is enacted to read:
I. Director, Bureau of Land Resources.
PART KKKK
Sec. KKKK-1. PL 2013, c. 595, Pt. H, §1 is amended to read:
Sec. H-1. Personal Services balances; Maine Health Data Organization; transfers authorized. Notwithstanding any other provision of law, in the 2014-2015 biennium and 2016-2017 bienniums, the Maine Health Data Organization upon recommendation of the State Budget Officer and approval of the Governor is authorized to transfer by financial order up to $265,450 in each fiscal year of the 2014-2015 biennium and up to $286,000 in each fiscal year of the 2016-2017 biennium in available balances of Personal Services allocations, after all salary, benefit and other obligations are met, to the All Other line category in the Maine Health Data Organization, Other Special Revenue Funds account.
PART LLLL
Sec. LLLL-1. Transfer of fund; Department of Inland Fisheries and Wildlife carrying account. On or before June 30, 2015, the State Controller shall transfer $125,000 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to provide supplemental funding of Personal Services costs in fiscal year 2014-15.
PART MMMM
Sec. MMMM-1. 38 MRSA §341-G, sub-§1, as amended by PL 1991, c. 817, §8, is further amended to read:
1. Transfer funds. The amount transferred from each fund must be proportional to that fund's contribution to the total special revenues received by the department under chapter 2, subchapter 2; sections 551, 569-A and 569-B; and chapter 13, subchapter 4 ; and section 1364. Any funds received by the board from the General Fund must be credited towards the amount owed by the Maine Environmental Protection Fund, chapter 2, subchapter 2.
PART NNNN
Sec. NNNN-1. 36 MRSA §1760, sub-§96 is enacted to read:
96. Nonprofit library collaboratives. Sales to nonprofit collaboratives of academic, public, school and special libraries that provide support for library resource sharing, promote quality library information services and support the cultural, educational and economic development of the State.
Sec. NNNN-2. 36 MRSA §2557, sub-§35, as enacted by PL 2009, c. 434, §34, is amended to read:
35. Certain fabrication services. The production of tangible personal property if a sale to the consumer of that tangible personal property would be exempt or otherwise not subject to tax under Part 3; and
Sec. NNNN-3. 36 MRSA §2557, sub-§36, as enacted by PL 2009, c. 434, §35, is amended to read:
36. Fuel used at a manufacturing facility. Ninety-five percent of the sale price of fabrication services for the production of fuel for use at a manufacturing facility as defined in section 1752, subsection 6-A . ; and
Sec. NNNN-4. 36 MRSA §2557, sub-§37 is enacted to read:
37. Nonprofit library collaboratives. Sales to nonprofit collaboratives of academic, public, school and special libraries that provide support for library resource sharing, promote quality library information services and support the cultural, educational and economic development of the State.
Sec. NNNN-5. Effective date. This Part takes effect October 1, 2015.
PART OOOO
Sec. OOOO-1. Emergency rule-making authority; indigent legal services. Notwithstanding the Maine Revised Statutes, Title 5, section 8054, subsections 1 and 2, the Maine Commission on Indigent Legal Services shall adopt emergency rules as necessary under Title 5, sections 8054 and 8073 in order to implement the rate increase for compensation for assigned counsel and contract counsel funded in Part A of this Act. The rules may not authorize a rate increase that exceeds the rate increase funded in Part A.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.’
SUMMARY
PART A
This Part makes appropriations and allocations of funds for the 2016-2017 biennium.
PART B
This Part makes appropriations and allocations of funds for approved reclassifications and range changes.
PART C
This Part establishes the total cost of education from kindergarten to grade 12 for fiscal year 2015-16, the state contribution and the annual target state share percentage. This Part also delays until fiscal year 2017-18 a requirement that $4,000,000 in revenue from casinos provide start-up funds for public preschool programs. This Part authorizes the Commissioner of Education to expend and disburse funds to support school improvement activities, enhancements to career and technical education programs and performance evaluation and professional growth systems. This Part also directs the Department of Education to review certain essential programs and services components.
PART D
This Part maintains state-municipal revenue sharing at $62,500,000 in fiscal years 2015-16 and 2016-17 and changes the share of income tax, sales tax and service provider tax that is transferred for revenue sharing beginning July 1, 2017 from 5% to 2%.
PART E
This Part provides that the sales tax rate on prepared food, liquor and lodging continues at 8% after June 30, 2015 and until January 1, 2016, when it increases to 9%, and that the sales tax rate on other tangible personal property and taxable services continues at 5.5% after June 30, 2015. This Part also expands the list of food products that are not exempt as grocery staples and are thus subject to sales tax.
PART F
This Part increases the service provider tax from 5% to 6% on January 1, 2016 and expands the tax to cover basic cable and satellite television and radio services and international and interstate telecommunications service sold to a business for use directly in that business.
PART G
This Part makes the following changes to the income tax laws.
It reduces the lower individual income tax rate from the current rate of 6.5% to 5% and the top rate from the current rate of 7.95 % to 6.2% over 4 years.
It repeals individual income deductions for long-term care insurance and contributions to college savings programs and the jobs and investment tax credit, the credit for family development account reserve fund contributions, the credit for employer-provided long-term care benefits, the credit for employer-assisted day care, the retirement and disability credit, the forest management planning credit, the high-technology investment tax credit, the credit for certain employer-paid dependent health insurance, the credit for quality child care investment, the earned income tax credit and the credit for biofuel commercial production and use.
It reduces the cap on itemized deductions to $25,000 for the 2016 tax years then increases it over 4 years to $29,500.
It reduces the corporate income tax rate from the current rate of 8.93% to 7.5% over 4 years.
PART H
This Part eliminates the Maine estate tax for decedents dying on or after January 1, 2017. The exclusion amount for estates of decedents dying in calendar year 2016 is increased from $2,000,000 to $5,500,000, the amount estimated to be the federal exclusion amount for the estates of 2016 decedents. The tax rate schedule for 2016 decedents is updated to reflect the increase in the exclusion amount.
PART I
This Part phases out and eliminates the Business Equipment Tax Reimbursement, or BETR, program and transitions property eligible for the BETR program as of April 1, 2015 into the so-called Business Equipment Tax Exemption, or BETE, program. Property located at a retail sales facility and used in a retail sales activity first put into service after April 1, 2015 is no longer eligible for either the BETR or the BETE program. Such retail property placed into service on or before April 1, 2015 that qualifies for the BETE program will no longer be eligible for exemption after April 1, 2025.
PART J
This Part requires $500,000 to be transferred from the General Fund undedicated revenue to the Maine Clean Election Fund on or before July 15, 2016 and the remaining $1,500,000 of the required annual transfer to be made on or before January 1, 2017.
Current law requires $2,000,000 to be transferred annually on or before January 1st.
PART K
This Part reduces funding for debt service.
PART L
This Part repeals the requirement that the Commissioner of Public Safety and the Attorney General pursue federal funding to establish a cold case homicide unit. This Part also repeals the provision of law that makes establishment of a cold case homicide unit contingent upon availability of federal funding. The provision of law directing the Attorney General in collaboration with the Commissioner of Public Safety to establish a cold case homicide unit is not repealed.
PART M
This Part does the following:
1. Changes the distribution of available balances in the unappropriated surplus of the General Fund. In addition to the fixed transfer replenishing the State Contingent Account up to $350,000 and the fixed transfer for the Loan Insurance Reserve up to an amount of $1,000,000, this Part establishes a fixed transfer for the Reserve for General Fund Operating Capital of $2,500,000 and a transfer for the Retiree Health Insurance Internal Service Fund up to an amount of $4,000,000 over the 2016-2017 biennium and up to an amount of $2,000,000 thereafter;
2. Changes the growth limitation factor in the laws governing limits on government spending to the 10-year average of nominal personal income growth. It eliminates the use of the 10-year average of population growth and inflation in determining the growth limitation factor plus the property growth factor;
3. Sets the biennial base year appropriation to the appropriation for the 2018-2019 biennium enacted for fiscal year 2016-17 as of December 1, 2016;
4. Eliminates all language dealing with the calculation of the state and local tax burden and how the growth limitation factor changes depending on how the state and local tax burden of this State compares to that of other states;
5. Changes the General Fund appropriation limitation to be based on all General Fund spending, removing language that excludes additional general purpose aid for local schools until the state share of the total state and local cost for essential programs and services reaches 55%; and
6. Raises the limit on the balance in the Maine Budget Stabilization Fund from 12% of total General Fund revenues in the immediately preceding state fiscal year to 18%.
PART N
This Part authorizes new Maine Governmental Facilities Authority borrowing of $23,000,000 to provide funding for capital repairs and improvements to state facilities.
PART O
This Part reduces the amount of funding transferred from the real estate transfer tax to the Maine State Housing Authority in fiscal years 2015-16 and 2016-17 by increasing the amount transferred to the General Fund by $6,291,740 in fiscal year 2015-16 and by $6,090,367 in fiscal year 2016-17.
PART P
This Part continues authorization for each individual tax expenditure provided by statute.
PART Q
This Part establishes an attrition rate of 3% for the 2016-2017 biennium for all judicial branch and executive branch departments and agencies, except that the attrition rate for the District Attorneys Salaries program is set at 0% for the 2016-2017 biennium. It requires the State Budget Officer to calculate and transfer the savings resulting from the increased attrition rate.
PART R
This Part authorizes the Department of Administrative and Financial Services to enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of motor vehicles for the Central Fleet Management Division.
PART S
This Part authorizes the Department of Administrative and Financial Services to enter into financing arrangements in fiscal years 2015-16 and 2016-17 for the acquisition of motor vehicles for the State Police.
PART T
This Part continues the voluntary employee incentive program for state employees through the 2016-2017 biennium.
PART U
This Part requires the State Controller to transfer $3,000,000 by June 30, 2017 from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Local and Regional Services - Administration, Other Special Revenue Funds account within the Department of Administrative and Financial Services.
PART V
This Part provides that the Director of the Division of Quality Assurance and Regulation and the Director of the Division of Animal and Plant Health, both within the Department of Agriculture, Conservation and Forestry, are no longer subject to appointment by the Commissioner of Agriculture, Conservation and Forestry.
PART W
This Part extends the requirement that the Commissioner of Corrections, or the commissioner’s designee, assume the duties of the State Board of Corrections from July 1, 2015 to July 1, 2016. This Part also requires the Commissioner of Corrections or the commissioner’s designee to distribute fiscal year 2015-16 payments to support county jail operations.
PART X
This Part transfers $700,000 in fiscal year 2015-16 from the Dirigo Health Fund to the unappropriated surplus of the General Fund.
PART Y
This Part clarifies the powers and duties of the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry.
PART Z
This Part does the following. It:
1. Increases by $10, from $80 to $90, the annual per product registration fee on pet food;
2. Increases the percentage of the registration fee revenues going to the General Fund from 50% to 60%, and decreases the percentage going to the Animal Welfare Fund from 50% to 40%; and
3. Requires a yearly General Fund transfer from these revenues of $100,000 to the Companion Animal Sterilization Fund, which had been funded by the $20 annual per product pet food surcharge, which is repealed.
PART AA
This Part requires the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry to appoint no fewer than 45 and no more than 50 Forest Ranger II positions, subject to the Civil Service Law. Additionally, the director is required to appoint no fewer than 17 forest rangers classified as follows: 3 Regional Rangers, 8 District Rangers, one Forest Fire Prevention Specialist, one Ranger Pilot Supervisor and 4 Ranger Pilots. It also adds additional forest ranger duties.
It also repeals 2 provisions of Public Law 1999, chapter 352 that require the Commissioner of Conservation to sell all bullet-proof vests, firearms and related equipment and that prohibit the commissioner from purchasing bullet-proof vests, firearms or related equipment without specific authorization by the Legislature.
PART BB
This Part requires the Department of Health and Human Services to contract with a 3rd party to conduct a rate study of medication management services and outpatient services under Chapter 101: MaineCare Benefits Manual, Section 65: Behavioral Health Services and all services in Section 28: Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations. The department is required to provide a report no later than January 1, 2016 to the Joint Standing Committee on Health and Human Services with findings and recommendations for changes to the rates studied.
PART CC
This Part requires the State Budget Officer to calculate the unused balance of General Fund All Other appropriations to the Drug Enforcement Agency program within the Department of Public Safety savings resulting from not expending the funds for the purpose of processing crime scenes involving the seizure of methamphetamine laboratories and transfer those funds to the unappropriated surplus of the General Fund no later than June 30th of each year of the biennium. This Part also requires the State Budget Officer to calculate the unused balance of General Fund All Other appropriations to the Remediation and Waste Management program within the Department of Environmental Protection related to the transfer of one Oil and Hazardous Material Responder I position and one Oil and Hazardous Material Responder II position and related All Other from Other Special Revenue Funds to the General Fund that are not used for cleanup of illegal drug operations or natural gas contamination and transfer those funds to the unappropriated surplus of the General Fund no later than June 30th of each year of the biennium.
PART DD
This Part limits to agents or representatives of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry who do not carry a firearm the exemption from the Maine Criminal Justice Academy training standards and law enforcement agency policy requirements under the Maine Revised Statutes, Title 25, chapter 341.
PART EE
This Part repeals the provisions of law that require the Commissioner of Conservation to sell all bullet-proof vests, firearms and related equipment and that prohibit the commissioner from purchasing bullet-proof vests, firearms or related equipment without specific authorization by the Legislature.
PART FF
This Part authorizes a one-time transfer of all funds in excess of $500,000 from unencumbered balance forward in the Personal Services line category in the Department of Agriculture, Conservation and Forestry, Division of Forest Protection, General Fund account to the Capital Expenditures line category in the Division of Forest Protection, General Fund account to fund the overhaul of helicopters owned by the State.
PART GG
This Part limits timber harvesting on public reserved lands and nonreserved public lands to an average of 160,000 cords per year over any 3-year period. It allows the Department of Agriculture, Conservation and Forestry by rule, based on an independent timber inventory conducted after July 1, 2015, to establish a different sustainable harvest level. The rules are major substantive rules and must be reviewed by the joint standing committee of the Legislature having jurisdiction over public reserved and nonreserved lands matters.
PART HH
This Part transfers the sexual assault forensic examiner training program from the Department of the Attorney General to the Department of Health and Human Services.
PART II
This Part authorizes the Department of Corrections to transfer, by financial order upon the recommendation of the State Budget Officer and the approval of the Governor, Personal Services, All Other and Capital Expenditures funding between accounts within the same fund for the purpose of paying departmental overtime expenses for the 2016-2017 biennium.
PART JJ
This Part amends the laws governing disclosures made by lobbyists by:
1. Permitting a lobbyist to notify the Commission on Governmental Ethics and Election Practices of the termination of a lobbying relationship rather than requiring notice by the lobbyist's employer;
2. Removing the requirement that state employees must sign annual registration forms in order to facilitate electronic submission of registrations; and
3. Requiring the commission to deposit the entire registration fee paid by lobbyists and lobbyist associates into a special revenue account to be spent on administrative and technology costs to facilitate disclosure of lobbying and campaign finance information to the public.
PART KK
This Part requires the Commissioner of Corrections to review the current organizational structure of the Department of Corrections to improve organizational efficiency and authorizes the State Budget Officer to transfer positions and available balances based on the review by financial order. The ability to make these transfers as an adjustment to position count or appropriations is limited to the period of July 1st to December 1st of each fiscal year in the 2016-2017 biennium. Any transfers resulting in a program or mission change or facility closure must have legislative review prior to the submittal of the associated financial order. This Part also requires the Department of Corrections to provide quarterly reports on the positions transferred pursuant to this Part.
PART LL
This Part authorizes the Department of Corrections to transfer, from the All Other line category, funds by financial order between accounts within the same fund for the purposes of paying food, heating and utility expenses for the 2016-2017 biennium.
PART MM
This Part provides temporary funding for the Administration - Maine Emergency Management Agency program within the Department of Defense, Veterans and Emergency Management until federal funding becomes available.
PART NN
This Part lapses $1,537,761 in each fiscal year of the biennium to the unappropriated surplus of the General Fund that is not anticipated to be needed by the Maine Technology Institute in fiscal years 2015-16 and 2016-17.
PART OO
This Part:
1. Removes the Chief Academic Officer and Director, Special Services Team positions from the list of major policy-influencing positions within the Department of Education. These unclassified positions are reclassified in Part A, each to a Public Service Executive II position, classified positions within the department. These reclassifications reflect the level of responsibility and function of similar classifications within the department.
2. Removes the Chief Academic Officer and Director, Special Services Team positions in the list of the Commissioner of Education's appointments within the department. This Part also eliminates the Deputy Chief of Staff position and creates a Science, Technology, Engineering and Mathematics Workforce Coordinator position in the list of the Commissioner of Education's appointments within the department.
PART PP
This Part authorizes the Department of Education to purchase portable computer devices for students and educators in fiscal years 2015-16 and 2016-17.
PART QQ
This Part requires the State Controller to transfer $3,000,000 by June 30, 2017, as a one-time transfer, from the General Fund unappropriated surplus to the Fund for Efficient Delivery of Educational Services, Other Special Revenue Funds account within the Department of Education.
PART RR
This Part renames the PK-20, Adult Education and Federal Programs Team program within the Department of Education the Learning Systems Team program.
PART SS
This Part aligns and standardizes the statutory range of licensing fees for adult and children's residential drug treatment centers, children's residential care facilities and mental health services facilities. The exact fees must be established by rule by the Department of Health and Human Services.
This Part also standardizes the terms of these licenses at 2 years.
PART TT
This Part creates a stakeholder group, including representatives of patients and outpatient methadone treatment providers, to review criteria for receiving treatment, prior approvals and treatment service options for patients seeking methadone treatment services and requires the stakeholder group to provide a report with findings and recommendations to the Joint Standing Committee on Health and Human Services by December 1, 2015. It also provides that any changes made by the department pursuant to the proposed changes included in the stakeholder group's report must take effect March 1, 2016.
PART UU
This Part includes a liquid asset test of no more than $50,000 per person or $75,000 per couple in eligibility determinations for the elderly low cost drug program. This is the same asset test used for the Medicare savings program.
PART VV
This Part gives the Department of Health and Human Services the authority to adopt emergency rules to implement any provisions of this Act over which it has specific authority that has not been addressed by some other Part of the Act without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or welfare.
PART WW
This Part allows remaining balances at the end of each fiscal year in the Consumer-directed Services program and the Bridging Rental Assistance Program, General Fund accounts in the Department of Health and Human Services to be carried forward for use by those programs in the next fiscal year.
PART XX
This Part establishes the Bridging Rental Assistance Program in the Department of Health and Human Services. The program provides up to 24 months of housing assistance to persons with mental illness transitioning to Section 8 housing assistance or an alternative housing placement.
PART YY
This Part authorizes the Department of Health and Human Services to transfer funds appropriated for state supplemental income for blind, disabled and elderly people authorized under Title 22, sections 3271 and 3274 by financial order to the Department of Health and Human Services, Departmentwide program.
PART ZZ
This Part does the following.
1. It repeals the provision that requires the Department of Health and Human Services to provide a food supplement program for noncitizens who would be eligible for federal Supplemental Nutrition Assistance Program benefits but for their status as aliens under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
2. It repeals the provision that requires the Department of Health and Human Services to provide supplemental security income for noncitizens who would be eligible for federal supplemental security income but for their status as aliens under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
3. It repeals the provision that requires the Department of Health and Human Services to provide financial assistance to noncitizens who would be eligible for Temporary Assistance for Needy Families but for their status as aliens under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
PART AAA
This Part authorizes the transfer of available Personal Services or All Other balances from the Department of Health and Human Services, Developmental Services - Community program account to the Crisis Outreach Program account for the 2016-2017 biennium.
PART BBB
This Part changes the disability determination time frame from 45 days to 90 days for applications for aid to needy persons based on a disability and eliminates the requirement to provide state-funded temporary medical coverage.
PART CCC
This Part authorizes the Department of Health and Human Services to transfer available balances of appropriations between the MaineCare General Fund accounts for the 2016-2017 biennium.
PART DDD
This Part changes the definition of "eligible person" in the laws governing municipal general assistance to eliminate general assistance for certain aliens and nonimmigrants as defined in federal law.
PART EEE
This Part authorizes the Department of Health and Human Services to transfer family support services funds in the Developmental Services - Community program to the Office of Aging and Disability Services Central Office program and the Long Term Care - Office of Aging and Disability Services program by financial order.
PART FFF
This Part authorizes the Department of Health and Human Services to transfer appropriations from the Nursing Facilities program to the home-based care program.
PART GGG
This Part authorizes the Department of Health and Human Services to transfer appropriations within the Office of Child and Family Services related to the cost of administering the child welfare program.
PART HHH
This Part directs the Judicial Department to conduct or contract for architectural feasibility studies to improve court facilities in Oxford County, Waldo County and York County and report 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 judiciary matters by January 1, 2017.
PART III
This Part changes the salary of one deputy commissioner in the Department of Health and Human Services from range 38 to range 90.
PART JJJ
This Part does the following.
1. It authorizes the Department of Health and Human Services to transfer by financial order any available appropriations, including those in Personal Services, between MaineCare accounts.
2. It authorizes the Department of Health and Human Services to transfer by financial order available Personal Services balances in the Disproportionate Share - Dorothea Dix Psychiatric Center program, the Disproportionate Share - Riverview Psychiatric Center program and the Riverview Psychiatric Center program in order to provide funds for an electronic medical records system.
PART KKK
This Part makes a technical correction to the state valuation amount recorded in state reimbursement to municipalities for municipal general assistance, changes the reimbursement methodology effective July 1, 2015 and requires monthly reporting for any municipality that received reimbursement of $10,000 or more during the previous fiscal year or expects to receive more than $10,000 in the current fiscal year.
PART LLL
This Part transfers funds from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to purchase one replacement aircraft in fiscal year 2015-16.
PART MMM
This Part transfers funds from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to purchase one replacement aircraft engine in fiscal year 2015-16 and one replacement aircraft engine in fiscal year 2016-17.
PART NNN
This Part amends language pertaining to the Lifetime License Fund to allow the Department of Inland Fisheries and Wildlife to request that the Treasurer of State transfer less than 5% of the Lifetime License Fund's principal balance on an annual basis.
PART OOO
This Part amends the Fiscal Stability Program established to support the fish and wildlife conservation programs of the Department of Inland Fisheries and Wildlife so that it begins in the 2018-2019 biennium.
PART PPP
This Part permits adult offenders of any age to be housed at the Mountain View Youth Development Center. Current law allows only adult offenders who have not attained 26 years of age to be housed at the center.
PART QQQ
This Part, beginning July 1, 2016, ties the mileage rate paid to jurors to the rate paid by the State to state employees who use their vehicles for state business. This Part also increases the daily rate paid to jurors from $10 per day to $15 per day.
PART RRR
This Part eliminates the Town of Madawaska as a place to hold district court.
PART SSS
This Part authorizes a range change from salary range 88 to salary range 90 for the Securities Administrator within the Office of Securities in the Department of Professional and Financial Regulation.
PART TTT
This Part amends the law to require that fees for criminal history record checks for school employees be deposited in an account of the Department of Public Safety rather than the Department of Education.
This Part provides that the full fee for fingerprint-supported criminal history record checks charged must be deposited in an Other Special Revenue Funds account for the purpose of paying the costs of the Department of Public Safety to administer the criminal history record checks for the Department of Education.
This Part requires that fees associated with criminal history record check requirements established after July 1, 2015 be deposited in a dedicated revenue account to pay the costs of the Department of Public Safety, State Bureau of Identification to conduct such checks.
This Part transfers the cash balance of the Criminal History Record Check Fund, projected at approximately $500,000, from the Department of Education to the Department of Public Safety.
PART UUU
This Part authorizes the Department of the Secretary of State to carry Personal Services and All Other funding in the Administration - Archives program and authorizes the carried funds to be transferred by financial order to the All Other line category in the same program.
PART VVV
This Part requires the State Controller to transfer $900,000 in fiscal year 2015-16 and $750,000 in fiscal year 2016-17 from the unappropriated surplus of the General Fund to the Callahan Mine Site Restoration program, Other Special Revenue Funds account within the Department of Transportation.
PART WWW
This Part removes the authority of the Commissioner of Corrections to appoint a media and public information officer.
PART XXX
This Part continues through August 1, 2015 limited-period positions that are set to expire during June 2015.
PART YYY
This Part requires the State Controller to transfer $100,000 no later than June 30th in each fiscal year of the 2016-2017 biennium from the Bureau of Revenue Services Fund program, Bureau of Revenue Services Fund account in the Department of Administrative and Financial Services to the General Fund unappropriated surplus.
PART ZZZ
This Part changes the laws regarding the Maine Library of Geographic Information to specify that "state funds" includes only bond revenues and General Fund money and the laws regarding geospatial data accounts to clarify that only General Fund appropriations and bond proceeds are subject to a one-to-one match. Funds in those accounts from other sources do not require a match.
PART AAAA
This Part provides that balances remaining in the Department of Administrative and Financial Services, Information Services program, General Fund account must be carried forward in the 2016-2017 biennium.
PART BBBB
This Part repeals the provisions that require the rent paid for the Maine Military Authority facilities in Limestone to be paid to the Bureau of General Services in the Department of Administrative and Financial Services and instead requires the rent be paid directly to the Loring Development Authority of Maine.
PART CCCC
This Part exempts from the motor vehicle excise tax adaptive equipment installed on a motor vehicle owned by a carrier engaged in furnishing passenger service for hire. It also reduces by half the motor vehicle registration fee of a passenger vehicle used for hire that is equipped with adaptive equipment to make that vehicle operable or accessible by a person with a disability.
PART DDDD
This Part provides that the average annual rate of earnable compensation of a member of the Maine Public Employees Retirement System during the 3 years of creditable service as an employee in Maine, not necessarily consecutive, in which the member's annual rate of earnable compensation is highest must be determined as if the member had not been provided days off without pay or with reduced pay during fiscal year 2012-13 if the member elects to make a payment equal to the employee contribution that member would have made on compensation that would have been paid to that member on the days off without pay or at reduced pay.
PART EEEE
This Part authorizes the State Budget Officer to transfer up to $6,500,000 in the fiscal year ending June 30, 2016 and in the fiscal year ending June 30, 2017 from the Salary Plan program, General Fund account in the Department of Administrative and Financial Services to programs within the Department of Corrections to implement wage adjustments to aid in the recruitment and retention of employees and to provide parity between state correctional employees and county or regional jail employees who perform similar direct care or supervision of prisoners.
PART FFFF
This Part requires the Department of Administrative and Financial Services, Bureau of the Budget to review vacant positions that have been held vacant in excess of one year. The Commissioner of Administrative and Financial Services shall submit a report to the Joint Standing Committee on Appropriations and Financial Affairs with recommendations on eliminating vacant positions. This Part authorizes the State Budget Officer, upon approval by the Governor, to adjust authorized position count, appropriations and allocations by financial order.
PART GGGG
This Part requires the Attorney General and the 8 district attorneys to jointly develop a proposed policy on the distribution of assistant district attorney positions across all prosecutorial districts that is equitable to each district. The Attorney General and the district attorneys must submit a written report that contains the proposed policy, a description of the process used to develop the proposed policy and any other information the Attorney General and the district attorneys believe is relevant. The Joint Standing Committee on Judiciary is authorized to report out legislation related to the report to the Second Regular Session of the 127th Legislature.
PART HHHH
This Part directs the Adjutant General to establish maximum hourly base rates of pay, overtime rates of pay or total compensation to comply with limits established in a master cooperative agreement or an appendix to such an agreement between the United States Department of Defense, National Guard Bureau and the State.
PART IIII
This Part renames the Land and Water Quality program the Water Quality program and establishes the Land Resources program within the Department of Environmental Protection.
PART JJJJ
This Part changes, in the law establishing the salary range for certain state officials and employees and the law establishing certain positions as major policy-influencing positions in the Department of Environmental Protection, the position of Director of the Bureau of Land and Water Quality to Director of the Bureau of Water Quality and adds the position of Director of the Bureau of Land Resources.
PART KKKK
This Part continues the authorization for the Maine Health Data Organization to transfer available Personal Services balances up to a specified amount to All Other in the Maine Health Data Organization, Other Special Revenue Funds account through the 2016-2017 biennium, the amount for the 2016-2017 biennium being raised to up to $286,000, and clarifies that the transfer is authorized in each fiscal year of the biennium and is done by financial order.
PART LLLL
This Part transfers funds from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Enforcement Operations - Inland Fisheries and Wildlife program, General Fund account to cover Personal Services costs in fiscal year 2014-15.
PART MMMM
This Part provides that a portion of special revenues received by the Department of Environmental Protection related to uncontrolled hazardous substance sites must be transferred to the Board of Environmental Protection Fund. This will provide for a more equitable distribution of funding for the board's work, and the board's funding sources will more accurately reflect the subject matter actually covered by the board.
PART NNNN
This Part provides an exemption from sales tax and service provider tax for certain nonprofit library collaboratives.
PART OOOO
This Part provides emergency rule-making authority necessary to implement a rate increase for assigned counsel and contract counsel.
FISCAL NOTE REQUIRED
(See attached)