SP0312
LD 867
Session - 127th Maine Legislature
S "B" to C "A", Filing Number S-505, Sponsored by Hamper
LR 1050
Item 7
Bill Tracking, Additional Documents Chamber Status

Amend the amendment by striking out sections 1 to 3 and inserting the following:

Sec. 1. 22 MRSA §2430, sub-§3,  as enacted by PL 2009, c. 631, §45 and affected by §51, is amended to read:

3. Uses of the fund.   The fund may be used for expenses of the department to administer this chapter, as allocated by the Legislature. To the extent that funds remain in the fund after the expenses of the department to administer this chapter, any remaining funds must be used to fund the cost of the tax deductions provided pursuant to Title 36, section 5122, subsection 2, paragraphs PP and QQ and Title 36, section 5200-A, subsection 2, paragraph BB. By June 1st annually, the State Tax Assessor shall determine the cost of those deductions during the prior calendar year and report that amount to the State Controller, who shall transfer that amount from the remaining funds in the fund to the General Fund.

Sec. 2. 36 MRSA §5122, sub-§2, ¶¶PP and QQ  are enacted to read:

PP For taxable years beginning on or after January 1, 2016, an amount equal to the deduction disallowed under the Code, Section 280E related to carrying on a trade or business as a registered dispensary as defined in Title 22, section 2422, subsection 6.
QQ For taxable years beginning on or after January 1, 2016, an amount equal to the amount paid for medical marijuana purchased in accordance with the Maine Medical Use of Marijuana Act by a qualifying patient, as defined in Title 22, section 2422, subsection 9, except that the amount that may be subtracted under this paragraph is limited to the amount that exceeds the applicable threshold under the Code, Sections 213(a) and 213(f) when added to the allowable medical expense deduction under the Code, Section 213.

Sec. 3. 36 MRSA §5200-A, sub-§2, ¶BB  is enacted to read:

BB For taxable years beginning on or after January 1, 2016, an amount equal to the deduction disallowed under the Code, Section 280E related to carrying on a trade or business as a registered dispensary as defined in Title 22, section 2422, subsection 6.

Sec. 4. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Revenue Services, Bureau of 0002

Initiative: Provides funding for computer programming costs.

GENERAL FUND 2015-16 2016-17
All Other
$0 $33,000
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $0 $33,000

summary

This amendment changes the application of the bill as amended by Committee Amendment "A" to apply to tax years beginning on or after January 1, 2016. It also transfers funds remaining in the Medical Use of Marijuana Fund after the expenses of the Department of Health and Human Services to the General Fund for the purpose of funding tax deductions for medical marijuana dispensary business expenses and for the cost of medical marijuana purchased by qualified patients under the Maine Medical Use of Marijuana Act.

This amendment also changes the allocation of the deductions in the Maine Revised Statutes.

FISCAL NOTE REQUIRED
(See attached)


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