An Act Making Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009
Maine Legislature, Session 123, LD 2289
Senate Amendment SA_E_S539 (Senate)
Amends: 36 MRSA §5200-A, 36 MRSA §6207, 5 MRSA §285

.-' 
SENATE AMENDMENT" a,,, to H.P. 1651, L.D. 2289, Bill, "An Act Making 
Supplemental Appropriations and Allocations for the Expenditures of State Government 
and To Change Certain Provisions of the Law Necessary to the Proper Operations of 
State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009" 
Amend the bill by striking out all of Part L and inserting the following: 
'PART L 
Sec. L-1. Transfers to Maine Clean Election Fund. In addition to the 
transfers authorized pursuant to the Maine Revised Statutes, Title 21-A, section 1124, the 
State Controller shall transfer $2,425,000 from General Fund undedicated revenue to the 
Maine Clean Election Fund on or before June 1, 2010 and shall transfer an additional 
$2,000,000 from General Fund undedicated revenue to the Maine Clean Election Fund on 
or before August 1, 2010. 
Sec. L-2. Reduction in payments under the Maine Clean Election Fund. 
Notwithstanding the procedures set forth in the Maine Revised Statutes, Title 21-A, 
section 1125, subsection 8, the Commission on Governmental Ethics and Election 
Practices shall reduce the initial payment amounts established for Maine Clean Election 
Act candidates in the 2008 and 2009 general election by 10%. 
Sec. L-3. 
Transfer of funds from Maine Clean Election Fund. 
Notwithstanding any other provision of law, the State Controller shall transfer $270,398 
on or before June 30, 2008 and $271,434 on or before June 30, 2009 from the Maine 
Clean Election Fund to the unappropriated surplus of the General Fund.' 
Amend the bill by striking out all of Part AAAA and inserting the following: 
'PART AAAA 
Sec. AAAA-1. 36 MRSA §5200-A, sub-§2, ~, as amended by PL 2005, c. 
218, §56, is further amended to read: 
H. For each taxable year subsequent to the year of the loss, an amount equal to the 
absolute value of the net operating loss arising from tax years beginning on or after 
SENA TE AMENDMENT 
.. ~ 
~ 
/ 
SENATE AMENDMENT" t::" to H.P. 1651, L.D. 2289 
January 1, 1989 but before January 1, 1993 and the absolute value of the amount of 
any net operating loss arising from tax years beginning on or after January 1, 2002, 
for which federal adjusted gross income was increased under subsection 1, paragraph 
H and that, pursuant to the Code, Section 172, was carried back for federal income 
tax purposes, less the absolute value of loss used in the taxable year of loss to offset 
any addition modification required by subsection 1, but only to the extent that: 
(1) Maine taxable income is not reduced below zero; 
(2) The taxable year is within the allowable federal period for carry-over; aB:d 
(3) The amount has not been previously used as a modification pursuant to this 
subsection; and 
(4) For taxable years beginning in 2008 or 2009, the amount does not exceed 
$100,000. In the case of an affiliated group of corporations engaged in a unitary 
business, the $100,000 threshold applies with respect to the entire affiliated group 
of corporations. 
Sec. AAAA-2. 36 MRSA §S200-A, sub-§2, ~, as amended by PL 2005, c. 
416, §4, is further amended to read: 
L. An amount equal to the absolute value of any net operating loss arising from a tax 
year beginning or ending in 2001 for which federal taxable income was increased 
under subsection 1, paragraph M and that, pursuant to Section 102 of the federal Job 
Creation and Worker Assistance Act of 2002, Public Law 107-147, was carried back 
more than 2 years to the taxable year for federal income tax purposes, but only to the 
extent that: .. 
(1) Maine taxable income is not reduced below zero; 
(2) The taxable year is either within 2 years prior to the year in which the loss 
arose or within the allowable federal period for carry-over of net operating losses; 
aB:d 
(3) The amount has not been previously used as a modification pursuant to this 
subsection; and 
. 
. 
(4) For taxable years beginning in 2008 or 2009, the amount does not exceed 
$100,000. In the case of an affiliated group of corporations engaged in a unitary 
business, the $100,000 threshold applies with respect to the entire affiliated group 
of corporations.' 
Amend the bill in Part BBBB by inserting after section 2 the following: 
'Sec. BBBB-3. 36 MRSA §6207, sub-§2-A is enacted to read: 
2-A. Income elieibility. Claimants with household incomes in excess of $75,000 
are not eligible for a benefit.' 
Amend the bill by striking out all of Part FFFF. 
Amend the bill by striking out all of Part LLLL. 
SENATE AMENDMENT 
:~~. 
~. 
" 
SENATE AMENDMENT" Ii " to H.P. 1651, L.D. 2289 
Amend the bill by inserting after Part PPPP the following: 
'PARTQQQQ 
Sec. QQQQ-l. Survey; noncategorical waiver program. The Department of 
Health and Human Services shall enter into a contract with an independent entity to 
conduct a survey of members enrolled in the childless adult waiver program in 
cooperation with the federal Centers for Medicare and Medicaid Services. The goals of 
the survey are: 
1. To obtain a longitudinal profile of the health, employment and socioeconomic 
status ofthe enrolled members; 
2. To gather information that will enable the formulation of a recommendation 
regarding an improved suite of benefits to better serve a greater number of people at 
lesser cost; and 
3. To find efficiencies that will enable the State to best deploy available resources to 
improve the health and welfare of those whose incomes are below 100% of the federal 
poverty level. 
The department shall submit a report detailing the results of the survey to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters by December 3, 2008. 
Sec. QQQQ-2. Appropriations and allocations. The following appropriations 
and allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Bureau of Medical Services 0129 
Initiative: Provides funds for the Department of Health and Human Services to contract 
for an independent survey of members enrolled in the childless adult waiver program in 
cooperation with the federal Centers for Medicare and Medicaid Services. The goals of 
the survey are to obtain a longitudinal profile of the health, employment and 
socioeconomic status of the population; to recommend an improved suite of benefits to 
better serve a greater number of people at lesser cost; and to find efficiencies that will 
enable the State to best deploy available resources to improve the health and welfare of 
those whose incomes are below 100% of the federal poverty line. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
2007-08 
$0 
$0 
2007-08 
$0 
SENATE AMENDMENT 
2008-09 
$75,000 
$75,000 
2008-09 
$75,000 
SENATE AMENDMENT" (.. to H.P. 1651. L.D. 2289 
FEDERAL EXPENDITURES FUND TOTAL 
PARTRRRR 
$0 
$75,000 
Sec. RRRR-I. Appropriations and allocations. The following appropriations 
and allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior, District and Administrative 0063 
Initiative: Provides funds to continue the Kennebec County Co-Occurring Disorders 
Court program by providing funds for intensive case management and for substance 
abuse testing. 
l3 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
PART SSSS 
2007-08 
$0 
$0 
2008-09 
$85,000 
$85,000 
Sec. SSSS-I. Transfer of funds. 
Notwithstanding any other provision of law, 
the State Controller shall transfer $3,428,889 in fiscal year 2008-09 from the Fund for a 
Healthy Maine to the unappropriated surplus of the General Fund no later than June 30, 
2009. 
PARTTTTT 
Sec. TTTT -1. 
Restriction on out-of-state travel. 
The Governor shall 
implement a policy restricting out-of-state travel for the executive branch to the minimum 
necessary to maintain effective operations, except for travel that is: 
1. Directly related to the care of residents, wards, foster children and other 
individuals under state care or protection; 
2. Required in the execution of law enforcement investigations, interstate contracts 
directly related to the extradition of an individual or the transfer of an individual to or 
from a correctional facility; 
3. Directly involved in the securing of revenue or that directly affects revenue; or 
4. Required in emergencies or other extraordinary circumstances. 
Sec. TTTT -2. Calculation and transfer; General Fund out-of-state travel 
savings. Notwithstanding any other provision of law, the State Budget Officer shall 
SENATE AMENDMENT 
~~~. 
(" 
SENATE AMENDMENT" t "to H.P. 1651, L.D. 2289 
calculate the amount of projected savings in section 3 that applies against each General 
Fund account for all executive branch departments and independent agencies from 
savings resulting from a reduction in out-of-state travel under section 1 and shall transfer 
the amounts by financial order upon the approval of the Governor. These transfers are 
considered adjustments to appropriations in fiscal year 2008-09. 
Sec. TTTT -3. Appropriations and allocations. The following appropriations 
and allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Executive Branch Department and Independent Agencies - Statewide 0017 
Initiative: Reduces funding from a reduction in out-of-state travel. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2007-08 
$0 
$0 
2008-09 
($250,000) 
($250,000) 
PARTUUUU 
Sec. UUUU-l. Legislative account; lapsed balances; Office of Program 
Evaluation and Government Accountability - General Fund. Notwithstanding 
any other provision of law, $16,517 of unencumbered balance forward in the Personal 
Services line category and $300,964 in the unencumbered balance forward in the All 
Other line category in the Office of Program Evaluation and Government Accountability 
General Fund account in the Legislature lapses to the General Fund in fiscal year 2008-
09. 
Sec. UUUU-2. Appropriations and allocations. The following appropriations 
and allocations are made. 
PROGRAM 
EVALUATION 
AND 
GOVERNMENT 
ACCOUNTABILITY, 
OFFICE OF 
Office of Program Evaluation and Government Accountability 0976 
Initiative: Deappropriates funds from the office that are not necessary. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2007-08 
($195,000) 
($195,000) 
SENA TE AMENDMENT 
2008-09 
$0 
$0 
/ 
SENATE AMENDMENT" e " 
to H.P. 1651, L.D. 2289 
PARTVVVV 
Sec. VVVV-l. 5 MRSA §285, sub-§7, as amended by PL 2001, c. 439, Pt. XX, 
§ 5 and amended by PL 2003, c. 20, Pt. 00, §2 and affected by §4, is further amended to 
read: 
7. Payment by State. Except as otherwise provided in this subsection, the State, 
through the commission, shall pay 100% of only the employee's share of the individual 
premium for the standard plan identified and offered by the commission and available to 
the employee as authorized by the commission, except for Legislators, for ,t't'hom that, 
effective July 1, 2008, the State shall pay 95% of a Legislator's share of the individual 
premium for the standard plan identified and offered by the commission and available to 
the Legislator as authorized by the commission, and except that the State shall pay for a 
Legislator 50% of the health plan premium for dependent coverage. For any person 
appointed to a position after November 1, 1981 who is employed less than full time, the 
State shall pay a share of the employee's share reduced pro rata to reflect the reduced 
number of work hours. The State may not pay any portion of the health plan premium for 
a blind person eligible for the group health plan under subsection 1, paragraph H or for a 
licensed foster parent eligible for the group health plan under subsection 1, paragraph I. 
For persons who were first employed before July 1, 1991, the State shall pay 100% of 
only the retiree's share of the premiums for the standard plan identified and offered by the 
commission and available to the retiree, as authorized by the commission for persons who 
were previously eligible for this health plan pursuant to subsection 1, paragraph A and 
who have subsequently become eligible pursuant to subsection 1, paragraph G. 
For persons who were first employed by the State after July 1, 1991, the State shall pay a 
pro rata share portion of only the retiree's share of the premiums for the standard plan 
identified and offered by the commission and available to the retiree, as authorized by the 
commission for persons who were previously eligible for this health plan pursuant to 
subsection 1, paragraph A and who have subsequently become eligible pursuant to 
subsection 1, paragraph G based on the total number of years of participation in the group 
health plan prior to retirement as follows: 
Years of Participation 
or more years 
but less than 10 years 
but less than 9 years 
but less than 8 years 
but less than 7 years 
but less than 6 years 
Less than 5 years 
State Portion 
100% group health plan premium 
90% group health plan premium 
80% group health plan premium 
70% group health plan premium 
60% group health plan premium 
50% group health plan premium 
No contribution 
Pursuant to Title 20-A, section 12722, subsection 5, this subsection applies to participants 
in the defined contribution plan offered by the Maine Community College System Board 
of Trustees under Title 20-A, section 12722. 
SENATE AMENDMENT 
SENATE AMENDMENT" (.. to H.P. 1651, L.D. 2289 
Sec. VVVV -2. Appropriations and allocations. The following appropriations 
and allocations are made. 
LEGISLATURE 
Legislature 0081 
Initiative: Deappropriates projected health insurance savings resulting from a reduction in 
the state share from 100% to 95% of the individual premium for Legislators. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
PARTWWWW 
2007-08 
$0 
$0 
2008-09 
($72,785) 
($72,785) 
Sec. WWWW-l. Publication of legal or public notices. Notwithstanding any 
provision of law to the contrary, a department in the executive branch or an independent 
or quasi-independent agency may truncate the requirements regarding legal and public 
notice pub I ication. 
Sec. WWWW-2. 
Identification of savings. 
The Commissioner of 
Administrative and Financial Services shall identify $89,000 in savings related to the 
trii~cation of publishing of legal or public notices by a department in the executive branch 
or an independent or quasi-independent agency in newspapers pursuant to section 1. 
Sec. WWWW-3. 
Calculation and transfer. 
Notwithstanding any other 
provision of law, the State Budget Officer shall calculate the amount of savings achieved 
pursuant to this Part that applies against each General Fund account for all departments 
and agencies from savings in the cost of legal and public notice publications and shall 
transfer the amounts by financial order upon approval of the Governor. These transfers 
are considered adjustments to appropriations in fiscal year 2008-09. 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 
November 1,2008. 
Sec. WWWW-4. 
Submission of legislation. By December 5, 2008, the 
Commissioner of Administrative and Financial Services shall submit to the joint standing 
committee of the Legislature having jurisdiction over state and local government matters 
proposed legislation to reflect the truncated legal and public notice publication 
requirements implemented pursuant to section 1. 
After receipt and review of the 
proposed legislation, the joint standing committee may report out a bill to the First 
Regular Session of the 124th Legislature. 
Sec. 
WWWW-S. 
Appropriations and allocations. 
The following 
appropriations and allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
SENATE AMENDMENT 
/' 
SENATE AMENDMENT" t" to H.P. 1651, L.D. 2289 
Executive Branch Departments and Independent Agencies - Statewide 0017 
Initiative: Deappropriates savings resulting from the phasing out of publishing legal and 
public notices in the newspaper. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
PARTXXXX 
2007-08 
$0 
$0 
2008-09 
($89,000) 
($89,000) 
Sec. XXXX-I. 
Transfer of funds; Conservation Program Fund. 
Notwithstanding any other provision of law, the State Controller shall transfer $750,000 
from the Conservation Program Fund, Other Special Revenue Funds program within the 
Public Utilities Commission to General Fund unappropriated surplus on or before June 
30,2008. 
PARTVYYY 
Sec. YVYY-l. 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: Reduces funding by managing enrollment in the childless adult waiver program 
and maximizing the use of the federal allocation in the Qualified Individual program and 
other efficiencies in the MaineCare program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2007-08 
$0 
$0 
2007-08 
$0 
$0 
2008-09 
($3,000,000) 
($3,000,000) 
2008-09 
($5,364,372) 
($5,364,372) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SENATE AMENDMENT 
/' 
SENATE AMENDMENT" too to H.P. 1651, L.D. 2289 
SUMMARY 
This amendment accomplishes the following. 
1. 
It transfers $2,425,000 from General Fund undedicated revenue to the Maine 
Clean Election Fund in fiscal year 2009-10 and $2,000,000 in fiscal year 2010-11. It 
authorizes the Commission on Governmental Ethics and Election Practices to reduce the 
initial payment amounts established for Maine Clean Election Act candidates in the 2008 
and 2009 general election by 10%. It also authorizes the State Controller to transfer 
$270,398 on or before June 30, 2008 and $271,434 on or before June 30, 2009 from the 
Maine Clean Election Fund to the unappropriated surplus of the General Fund. 
2. It amends the Maine Revised Statutes, Title 36, section 5200-A, subsection 2, 
paragraphs Hand L to limit the subtraction modification for the recapture of carry-back 
net operating losses to $100,000 in taxable years beginning in 2008 and 2009. Unused 
amounts resulting from the limitation may be carried over to future tax years that are 
within the federal carry-over period for net operating losses. 
3. It establishes a household income limitation of $75,000 for nonelderly claimants 
under the Maine Residents Property Tax Program. 
4. 
It removes the requirement that the Treasurer of State implement a policy 
requiring the annual sale of shares of stock that are delivered to the State as unclaimed 
property. 
5. It repeals that Part ofthe bill that eliminated the Office of Program Evaluation and 
Government Accountability. 
6. It directs the Department of Health and Human Services to enter into a contract 
with an independent entity to conduct a survey of persons covered by the noncategorical 
waiver program in order to recommend an improved suite of benefits to better serve a 
greater number of people at lesser cost and to find efficiencies to enable the State to best 
deploy available resources to improve the health and welfare of those whose incomes are 
below 100% of the federal poverty level. 
7. It provides funds to the Judicial Department to continue funding of the Kennebec 
County Co-Occurring Disorders Court program. The funds will be used for intensive 
case management and substance abuse testing. 
8. It transfers the unexpended balance from the Fund for a Healthy Maine. 
9. It requires the Governor to implement a policy restricting out-of-state travel for 
the executive branch. It requires the State Budget Officer to calculate and transfer by 
financial order, as adjustments to appropriations, savings from a reduction in out-of-state 
travel. 
10. 
It deappropriates $195,000 from the Office of Program Evaluation and 
Government Accountability for fiscal year 2007-08 and lapses $317,481 from the office 
in unencumbered balances forward to the General Fund. 
11. It deappropriates projected health insurance savings resulting from a reduction in 
the state share from 100% to 95% of the individual premium for Legislators. 
SENATE AMENDMENT 
SENATE AMENDMENT "t." to H.P. 1651, L.D. 2289 
12. It authorizes executive branch agencies to truncate the requirements regarding 
legal and public notice publication and directs that savings in the amount of $89,000 be 
identified and transferred to the General Fund. 
13. 
It directs the State Controller to transfer $750,000 from the Conservation 
Program Fund within the Public Utilities Commission to the General Fund 
unappropriated surplus. 
14. It reduces funding by managing enrollment in the childless adult waiver program 
and maximizing the use of the federal allocation in the Qualified Individual program and 
other efficiencies in the MaineCare program. 
FISCAL NOTE REQUIRED 
~#?' 
SPONSOREDBY: ____ -r~~~=---r--~---------
(Senator MILLS, P.) 
COUNTY: Somerset 
SENATE AMENDMENT 
Approved: 03/31/08 ;tJvac:.. 
LD 2289 
LR 3624(14) 
An Act Making Supplemental Appropriations and Allocations for the Expenditures of State 
Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of 
State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009 
Net Cost (Savings) 
General Fund 
Fund for a Healthy Maine 
Appropriations/Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Transfers 
General Fund 
Fund for a Healthy Maine 
Other Special Revenue Funds 
Fiscal Detail and Notes 
/' 
Fiscal Note for Senate Amendment" fr; " 
Sponsor: Sen. Mills, P. of Somerset 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
($1,080,199) 
$0 
($195,000) 
$0 
$0 
$0 
$885,199 
$0 
($750,000) 
2008-09 
$418,562 
$3,428,889 
($2,948,012 ) 
($5,289,372) 
($6,931,180) 
$111,180 
$3,564,606 
($3,428,889) 
$0 
Projections 
2009-10 
($10,081,946) 
$0 
($3,013,656) 
($5,364,372) 
$7,068,290 
$387,713 
$0 
$0 
$0 
Projections 
2010-11 
($2,192,898) 
$0 
($3,004,011 ) 
($5,364,372) 
($811,113) 
($44,491 ) 
$0 
$0 
$0 
This amendment will decrease the General Fund cost ofthe bill by $1,080,199 in fiscal year 2007-08 and increase the 
General Fund cost of the bill by $418,562 in fiscal year 2008-09. Based on the estimated year-end balances, this 
amendment maintains a balanced budget for the 2008-2009 biennium. 
This amendment will increase the Fund for a Healthy Maine cost of the bill by $3,428,889 in fiscal year 2008-09. 
Based on the estimated year-end balances in the Fund for a Healthy Maine, the Fund for a Healthy Maine maintains a 
balanced budget for the 2008-2009 biennium. 
LR3624(l4) - Fiscal Note - Page 1 of 1