An Act To Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and
Whereas, certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
PART A
Sec. A-1. Transfer to Maine Budget Stabilization Fund for fiscal year 2016-17. Notwithstanding any other provision of law, no later than October 30, 2016, the State Controller shall transfer $10,000,000 to the Maine Budget Stabilization Fund established in the Maine Revised Statutes, Title 5, section 1532 from the funds received pursuant to the court order in State of Maine v. McGraw-Hill Companies, Inc. and Standard & Poor's Financial Services, LLC, Kennebec County Superior Court Docket No. BCD-CV-14-49. The Attorney General has confirmed that the specified use of the funds to be transferred by this Part is consistent with the terms of the court order.
PART B
Sec. B-1. 36 MRSA §2013, sub-§§2 and 3, as amended by PL 2011, c. 657, Pt. N, §2 and affected by §3, are further amended to read:
Evidence required by the assessor may include a copy or copies of that portion of the purchaser's or lessee's most recent filing under the United States Internal Revenue Code that indicates that the purchaser or lessee is engaged in commercial agricultural production, commercial fishing, commercial aquacultural production or commercial wood harvesting and that the purchased machinery or equipment is depreciable for those purposes or would be depreciable for those purposes if owned by the lessee.
In the event that any piece of machinery or equipment is only partially depreciable under the United States Internal Revenue Code, any reimbursement of the sales tax must be prorated accordingly. In the event that electricity or fuel for a commercial fishing vessel is used in qualifying and nonqualifying activities, any reimbursement of the sales tax must be prorated accordingly.
Application for refunds must be filed with the assessor within 36 months of the date of purchase or execution of the lease.
Sec. B-2. Effective date. This Part takes effect January 1, 2017.
PART C
Sec. C-1. Cost-of-living adjustment. The Department of Health and Human Services shall amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 2, Adult Family Care Services and Chapter III, Section 97, Appendix C: Principles of Reimbursement for Medical and Remedial Service Facilities - Room and Board Costs to provide for 2 annual rate adjustments to adjust for inflation. For the fiscal year ending June 30, 2017, the amount of the inflation adjustment is 4%. For the fiscal year ending June 30, 2018, the department shall set the amount of the inflation adjustment in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index.
Sec. C-2. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Medical Care - Payments to Providers 0147
Initiative: Provides funds for a 4% cost-of-living rate increase for MaineCare Appendix C private nonmedical institutions.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $1,409,644 |
GENERAL FUND TOTAL | $0 | $1,409,644 |
FEDERAL EXPENDITURES FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $3,051,764 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $3,051,764 |
OTHER SPECIAL REVENUE FUNDS | 2015-16 | 2016-17 |
All Other
|
$0 | $310,701 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $310,701 |
Medical Care - Payments to Providers 0147
Initiative: Provides funds for a 4% cost-of-living rate increase for adult family care homes that are providing service pursuant to Chapter 101: MaineCare Benefits Manual, Chapter II, Section 2.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $65,773 |
GENERAL FUND TOTAL | $0 | $65,773 |
FEDERAL EXPENDITURES FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $116,677 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $116,677 |
PNMI Room and Board Z009
Initiative: Provides funds for a 4% cost-of-living rate increase for MaineCare Appendix C private nonmedical institutions.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $406,241 |
GENERAL FUND TOTAL | $0 | $406,241 |
PNMI Room and Board Z009
Initiative: Provides funds for a 4% cost-of-living rate increase for adult family care homes that are providing service pursuant to Chapter 101: MaineCare Benefits Manual, Chapter II, Section 2.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $15,532 |
GENERAL FUND TOTAL | $0 | $15,532 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) | ||
DEPARTMENT TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
$0 | $1,897,190 |
FEDERAL EXPENDITURES FUND
|
$0 | $3,168,441 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $310,701 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $5,376,332 |
PART D
Sec. D-1. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2015, c. 389, Pt. C, §3, is further amended to read:
(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 47.54%.
(12) For fiscal year 2016-17, the target is 48.10% 48.14%.
Sec. D-2. 20-A MRSA §15671, sub-§7, ¶C, as amended by PL 2015, c. 389, Pt. C, §4, is further amended to read:
(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, the target is 50.08%.
(6) For fiscal year 2016-17, the target is 50.79% 50.82%.
(7) For fiscal year 2017-18 and succeeding years, the target is 55%.
Sec. D-3. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2015, c. 389, Pt. C, §5, is further amended to read:
(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, the full-value education mill rate is the amount necessary to result in a 52.46% statewide total local share in fiscal year 2015-16.
(9) For the 2016 property tax year, the full-value education mill rate is the amount necessary to result in a 51.90% 51.86% statewide total local share in fiscal year 2016-17.
(10) For the 2017 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 2017-18 and after.
Sec. D-4. PL 2015, c. 389, Pt. C, §12 is amended to read:
Sec. C-12. 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 2016-17 is as follows:
2016-17 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
|
$1,882,494,984 |
Total Debt Service Allocation | |
Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A
|
$88,428,148 |
Enhancing Student Performance and Opportunity | $4,397,105 |
Total Adjustments and Miscellaneous Costs | |
Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A
|
$67,138,019 $68,638,019 |
Total Normal Cost of Teacher Retirement | $38,357,583 |
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 2016-17 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B
|
$2,080,815,839 $2,082,315,839 |
Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2016-17 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423 excluding the normal cost of teacher retirement
|
$156,985,489 |
Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2
|
$42,200,635 |
Total cost of funding public education from kindergarten to grade 12
|
$2,280,001,963 $2,281,501,963 |
Sec. D-5. PL 2015, c. 389, Pt. C, §13 is amended to read:
Sec. C-13. 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, 2016 and ending June 30, 2017 is calculated as follows:
2016-17 LOCAL | 2016-17 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
|
$1,079,854,324 | $1,000,961,515 $1,002,461,515 | |
State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2016-17 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423
|
$156,985,489 | ||
State contribution to the total cost of funding public education from kindergarten to grade 12
|
$1,157,947,004 $1,159,447,004 |
Sec. D-6. Appropriations and allocations. The following appropriations and allocations are made.
EDUCATION, DEPARTMENT OF
General Purpose Aid for Local Schools 0308
Initiative: Provides one-time funds for the Jobs for Maine's Graduates - College Program.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $1,500,000 |
GENERAL FUND TOTAL | $0 | $1,500,000 |
PART E
Sec. E-1. 25 MRSA Pt. 13 is enacted to read:
PART 13
SUBSTANCE ABUSE ASSISTANCE
CHAPTER 601
SUBSTANCE ABUSE ASSISTANCE PROGRAM
§ 5101. Substance Abuse Assistance Program
(1) Referral of program participants to evidence-based treatment programs, including medically assisted treatment; and
(2) Provision of case management services to program participants in order to secure appropriate treatment and support services such as housing, health care, job training and mental health services for program participants; and
(1) Provision of evidence-based treatment programs, including medically assisted treatment, to jail inmates; and
(2) Provision of case management or other support services to program participants to assist in transition from jail upon release.
Sec. E-2. Reports to committees. The Commissioner of Public Safety shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters and the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 15, 2017 regarding the recipients and the amounts of the grants awarded under the Substance Abuse Assistance Program established in the Maine Revised Statutes, Title 25, chapter 601. The Commissioner of Public Safety shall provide a report summarizing the results of the grant program and providing recommendations as to the program's continuation or modification and any need for additional funding by January 15, 2018 and January 15, 2019 to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters and the joint standing committee of the Legislature having jurisdiction over judiciary matters.
Sec. E-3. Pilot projects. The Commissioner of Public Safety shall implement the Substance Abuse Assistance Program established in the Maine Revised Statutes, Title 25, section 5101 by selecting, with the advice of the steering committee described in Title 25, section 5101, subsection 4, at least 8 pilot projects in communities around the State, at least 2 projects of which are administered by municipalities and at least 2 projects of which are administered by county or regional jails.
Sec. E-4. Appropriations and allocations. The following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
Administration - Public Safety 0088
Initiative: Provides funding for one Contract Grant Specialist position and related administrative costs to administer and oversee the Substance Abuse Assistance Program. This funding comes from the 5% allowed for administrative costs as specified in the Maine Revised Statutes, Title 25, section 5101, subsection 5.
GENERAL FUND | 2015-16 | 2016-17 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 1.000 |
Personal Services
|
$0 | $73,898 |
All Other
|
$0 | $3,270 |
GENERAL FUND TOTAL | $0 | $77,168 |
Administration - Public Safety 0088
Initiative: Provides funds for the Substance Abuse Assistance Program.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $1,022,832 |
GENERAL FUND TOTAL | $0 | $1,022,832 |
PUBLIC SAFETY, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2015-16 | 2016-17 |
GENERAL FUND
|
$0 | $1,100,000 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $1,100,000 |
PART F
Sec. F-1. Department to create 3 new peer centers. The Department of Health and Human Services shall create 3 new peer centers, 2 of which will begin operation in fiscal year 2016-17 and one of which will begin operation in fiscal year 2017-18, in different parts of the State to coordinate and run peer support programs to help persons in recovery from drug addiction. In order to serve populations in rural parts of the State, 2 of these peer centers must be located in currently underserved areas that are outside of Maine's largest cities. These peer centers must be situated in geographic areas of the State different from each other and in areas different from any peer support recovery centers established pursuant to Public Law 2015, chapter 378, Part D. Funding for each peer center must be used to support the hiring of a coordinator who shall support recovery group facilitation, peer mentoring and peer recovery resource connections. The peer centers may be coordinated and housed within existing health care settings, such as a rural health care center.
Sec. F-2. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Office of Substance Abuse and Mental Health Services 0679
Initiative: Provides funding to create 2 new peer centers beginning in fiscal year 2016-17 and one new peer center beginning in fiscal year 2017-18 in different parts of the State to coordinate and run peer support programs to help persons in recovery from drug addiction.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $400,000 |
GENERAL FUND TOTAL | $0 | $400,000 |
PART G
Sec. G-1. Transfer of funds. Notwithstanding any other provision of law, no later than October 30, 2016, the State Controller shall transfer to the unappropriated surplus of the General Fund $10,555,982 from the funds received pursuant to the court order in State of Maine v. McGraw-Hill Companies, Inc. and Standard & Poor's Financial Services, LLC, Kennebec County Superior Court Docket No. BCD-CV-14-49. The Attorney General has confirmed that the specified use of the funds to be transferred by this Part is consistent with the terms of the court order.
PART H
Sec. H-1. Transfer of settlement funds; fiscal year 2016-17. Notwithstanding any other provision of law, the State Controller shall transfer $979,732 of the funds received pursuant to court order in State of Maine v. McGraw-Hill Companies, Inc, and Standard and & Poor's Financial Services, LLC held by the Office of the State Controller to the Office of the Treasurer, Private Trust Fund no later than October 1, 2016. Funds transferred pursuant to this Part must be used solely for consumer and antitrust activities identified in the court decree and approved by the Attorney General with the consent of the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate and the Minority Leader of the House of Representatives.
PART I
Sec. I-1. Appropriations and allocations. The following appropriations and allocations are made.
FINANCE AUTHORITY OF MAINE
Student Financial Assistance Programs 0653
Initiative: Provides one-time funding to the Maine State Grant Program for scholarships.
GENERAL FUND | 2015-16 | 2016-17 |
All Other
|
$0 | $2,000,000 |
GENERAL FUND TOTAL | $0 | $2,000,000 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.