HP1212, LD 1697, item 1, An Act Regarding the Timeliness of Payments to the State

An Act Regarding the Timeliness of Payments to the State

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

Sec. 1. 5 MRSA §131, as amended by PL 1989, c. 501, Pt. P, §7; PL 1995, c. 502, Pt. E, §30; PL 2011, c. 657, Pt. W, §7; and PL 2013, c. 405, Pt. A, §24, is repealed and the following enacted in its place:

§ 131. Departmental collections

1. Departmental collections; immediate payment to State Treasury. A department or agency of the State collecting or receiving public money, or money from any source whatsoever, belonging to or for the use of the State, or for the use of any state department or agency, shall pay the money immediately into the State Treasury, without any deductions on account of salaries, fees, costs, charges, expenses, refunds, claims or demands of any description whatsoever. The Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands may refund daily use and camping fees based on the bureau's standard refund policies. A department or agency may deposit such money to the credit of the State upon communicating with the Treasurer of State and receiving from the Treasurer of State instructions as to what state depository may be used for that purpose, and in every such case the depositor shall send to the Treasurer of State a statement of the deposits certified by the bank receiving it. This section does not apply to county or town officers.

2. Certain payments not immediate. Notwithstanding subsection 1, certain payments due the State made through the use of automated procedures, electronic processes and computer-driven technology must be deposited in the State Treasury within 3 business days of the date of the transaction initiated by the obligor. The Treasurer of State and the State Controller may adopt rules to implement this subsection, including rules outlining procedures for the use of automated procedures, electronic processes and computer-driven technology for the collection of these payments pursuant to this subsection. Rules adopted pursuant to this subsection may not waive prohibitions against deductions on account of salaries, fees, costs, charges, expenses, refunds, claims or demands of any description whatsoever. Rules adopted pursuant to this subsection are routine technical rules as defined by chapter 375, subchapter 2-A.

summary

This bill requires the collection of certain payments due the State made through the use of automated procedures, electronic processes and computer-driven technology to be deposited in the State Treasury within 3 business days of the date of the transaction initiated by the obligor. It allows the Treasurer of State and the State Controller to adopt routine technical rules outlining procedures for the use of these payment methods. It prohibits any rule adopted from waiving prohibitions against deductions on account of salaries, fees, costs, charges, expenses, refunds, claims or demands of any description whatsoever.

HP1212 LD 1697	Session - 129th Maine Legislature		LR 2498 Item 1
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