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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

PART D

     Sec. D-1. PL 1995, c. 502, Pt. K, §4 is amended to read:

     Sec. K-4. Fiscal agent for the Governor's Office, Blaine House, State Planning Office, Department of Economic and Community Development and Department of Education. The Department of Administrative and Financial Services shall serve as the fiscal agent for the Governor's Office, Blaine House, State Planning Office and the, Department of Economic and Community Development and Department of Education, to include such functions as processing payment vouchers and contract documents, and handling personnel and payroll matters, financial management services and other related required functions as agreed upon by the 5 6 entities.

     Sec. D-2. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each General Fund account for all departments and agencies from savings in the cost of health insurance and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-3. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Other Special Revenue Funds account for all departments and agencies from savings in the cost of health insurance and shall transfer the calculated amounts to the General Fund by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05, including allocations from the Fund for a Healthy Maine. The State Budget Officer shall provide 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, 2005. The following Other Special Revenue Funds accounts are exempt from these calculations: the Public Reserved Lands Management Fund account and the Submerged Lands Fund account in the Department of Conservation and the Baxter State Park Authority account.

     Sec. D-4. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Highway Fund account for all departments and agencies from savings in the cost of health insurance and shall transfer the calculated amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-5. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each General Fund account for all departments and agencies from increased attrition and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-6. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Other Special Revenue Funds account for all departments and agencies from increased attrition and shall transfer the calculated amounts to the General Fund by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05, including allocations from the Fund for a Healthy Maine. The State Budget Officer shall provide 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, 2005. The following Other Special Revenue Funds accounts are exempt from these calculations: the Public Reserved Lands Management Fund account and the Submerged Lands Fund account in the Department of Conservation and the Baxter State Park Authority account.

     Sec. D-7. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Highway Fund account for all departments and agencies from increased attrition and shall transfer the calculated amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-8. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each General Fund account for all departments and agencies from extending the amortization schedule of the unfunded liability and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-9. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Other Special Revenue Funds account for all departments and agencies from extending the amortization schedule of the unfunded liability and shall transfer the calculated amounts to the General Fund by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05, including allocations from the Fund for a Healthy Maine. The State Budget Officer shall provide 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, 2005. The following Other Special Revenue Funds accounts are exempt from these calculations: the Public Reserved Lands Management Fund account and the Submerged Lands Fund account in the Department of Conservation and the Baxter State Park Authority account.

     Sec. D-10. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Highway Fund account for all departments and agencies from extending the amortization schedule of the unfunded liability and shall transfer the calculated amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-11. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each General Fund account for all departments and agencies from savings associated with postponing merit increases and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-12. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Other Special Revenue Funds account for all departments and agencies from savings associated with postponing merit increases and shall transfer the calculated amounts to the General Fund by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05, including allocations from the Fund for a Healthy Maine. The State Budget Officer shall provide 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, 2005. The following Other Special Revenue Funds accounts are exempt from these calculations: the Public Reserved Lands Management Fund account and the Submerged Lands Fund account in the Department of Conservation and the Baxter State Park Authority account.

     Sec. D-13. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Highway Fund account for all departments and agencies from savings associated with postponing merit increases and shall transfer the calculated amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-14. Appropriation and position transfers. Notwithstanding any other provision of law, the Governor is authorized by financial order to transfer positions authorized by the Legislature between accounts and between departments and to transfer the available balances of any General Fund appropriation between line categories, accounts and departments in fiscal year 2003-04 and fiscal year 2004-05. When the Governor determines that the transfer of a position is necessary, any incumbent in the transferred position at the time of transfer must be transferred along with the position.

     Sec. D-15. Return of working capital advance. Notwithstanding any other provision of law, the State Controller shall transfer $600,000 from the Bureau of Alcoholic Beverages and Lottery Operations, Internal Service fund in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund no later than June 30, 2004. The working capital advance is no longer required due to the proposed closure of the remaining 13 liquor stores.

     Sec. D-16. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each General Fund account for all departments and agencies from retiree health insurance savings and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide the joint standing committee of the Legislature having jurisdic-tion over appropriations and financial affairs a report of the transferred amounts no later than January 15, 2005.

     Sec. D-17. Review of ACE Service Center and remaining financial and personnel structures located in departments of Conservation, Environmental Protection, and Agriculture, Food and Rural Resources to improve efficiency and cost-effectiveness. The Commissioner of Administrative and Financial Services shall review the current organizational structure of the ACE Service Center and the remaining financial and personnel structures located in the Department of Conservation, the Department of Environmental Protection and the Department of Agriculture, Food and Rural Resources to improve organizational efficiency and cost-effectiveness. The Department of Administrative and Financial Services shall provide staff resources to the Commissioner of Administrative and Financial Services from existing personnel within the department to assist with the review. The commissioner is authorized to identify savings to the General Fund from the improvements identified from the review. Notwithstanding any other provision of law, identified savings must be deallotted by financial order upon recommendation by the State Budget Officer and approval by the Governor.

     The Commissioner of Administrative and Financial Services shall present the savings and related legislation required to efficiently organize the financial, personnel and other support activities of these agencies as well as legislation to move the ACE Service Center under the supervision of one department to the Legislature as a part of any emergency budget request submitted to the Legislature after January 1, 2004.

     Sec. D-18. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each General Fund account for all departments and agencies from reductions in All Other and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-19. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each General Fund account for all departments and agencies from savings in the cost of health insurance from hospital rate adjustments and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-20. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Other Special Revenue Funds account for all departments and agencies from savings in the cost of health insurance from hospital rate adjustments and shall transfer the calculated amounts to the General Fund by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05, including allocations from the Fund for a Healthy Maine. The State Budget Officer shall provide 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, 2005. The following Other Special Revenue Funds accounts are exempt from these calculations: the Public Reserved Lands Management Fund account and the Submerged Lands Fund account in the Department of Conservation and the Baxter State Park Authority account.

     Sec. D-21. Calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part B, section 1 that applies against each Highway Fund account for all departments and agencies from savings in the cost of health insurance from hospital rate adjustments and shall transfer the calculated amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2003-04 and 2004-05. The State Budget Officer shall provide 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, 2005.

     Sec. D-22. Merit increases. Notwithstanding the Maine Revised Statutes, Title 26, section 979-D and any other provision of law, any merit increase, regardless of funding source, scheduled to be awarded between July 1, 2003 and June 30, 2005 to any person employed by the Executive Branch, departments of the constitutional officers and the Department of Audit may not be awarded, authorized or implemented. These savings may be replaced by other Personal Services savings by agreement of the State and the bargaining agents representing state employees.

     Sec. D-23. 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 related to fiscal years 2003-04 and 2004-05 for the acquisition of motor vehicles for the Central Motor Pool. The financing agreements may not exceed 4 years in duration and $5,000,000 in principal costs. The interest rate may not exceed 6%, and total interest costs may not exceed $762,000. The annual principal and interest costs must be paid from the appropriate line category allocations in the Central Motor Pool account.

     Sec. D-24. Transfer of funds. Notwithstanding any other provision of law, the State Controller shall transfer $100,000 in fiscal year 2003-04 and $100,000 in fiscal year 2004-05 from the Real Property Lease Internal Service Fund Account to the unappropriated surplus of the General Fund no later than June 30th of each fiscal year to reflect savings as a result of the renegotiation of leases.

     Sec. D-25. Transfer of funds. Notwithstanding any other provision of law, the State Controller shall transfer $6,112,290 from the fiscal year 2002-03 unallocated balance in the Fund for a Healthy Maine Other Special Revenue Funds account in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund no later than June 30, 2004.

     Sec. D-26. Transfer of funds. Notwithstanding any other provision of law, the State Controller shall transfer $225,000 from the Maine Clean Election Fund to the unappropriated surplus of the General Fund no later than June 30, 2004.

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