An Act To Improve and Simplify the Application for Benefits under the Circuitbreaker Program
Maine Legislature, Session 125, LD 1351
Committee: Taxation
Sponsors: STUCKEY, ALFOND, BERRY, BRYANT, FLEMINGS, GOODE, MAZUREK, PATRICK
Amends: 36 MRSA §6201, 36 MRSA §6203-A, 36 MRSA §6204, 36 MRSA §6207

Legislative Document 
No. 1351 
H.P. 992 
House of Representatives, March 29, 2011 
An Act To Improve and Simplify the Application for Benefits under 
the Circuitbreaker Program 
Reference to the Committee on Taxation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Senator ALFOND of Cumberland and 
Representatives: BERRY of Bowdoinham, BRYANT of Windham, FLEMINGS of Bar 
Harbor, GOODE of Bangor, MAZUREK of Rockland, Senator: PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  36 MRSA §6201, sub-§5, as amended by PL 1995, c. 368, Pt. CCC, §7 
and affected by §11, is further amended to read: 
5.  Homestead.  "Homestead" means the dwelling owned or rented by the claimant or 
held in a revocable living trust for the benefit of the claimant and occupied by the 
claimant and the claimant's dependents as a home, and may consist of a part of a 
multidwelling or multipurpose building and a part of the land, up to 10 acres, upon which 
it is built.  "Owned" includes a vendee in possession under a land contract and of one or 
more joint tenants or tenants in common. 
Sec. 2.  36 MRSA §6201, sub-§7, as enacted by PL 1987, c. 516, §§3 and 6, is 
amended to read: 
7.  Household income. "Household income" means all income received by all 
persons of a household in a calendar year while members of the household, excluding the 
income of members of the household for whom the claimant under this chapter is entitled 
to claim an exemption as a dependent under Part 8 for the year for which relief is 
requested. 
Sec. 3.  36 MRSA §6201, sub-§9, as repealed and replaced by PL 2007, c. 438, 
§113, is amended to read: 
9.  Income.  "Income" means Maine adjusted gross income determined in accordance 
with Part 8, modified as provided by this subsection. 
A.  Maine adjusted gross income must be increased by the following amounts, to the 
extent not included in Maine adjusted gross income: 
(1) Contributions, including catch-up contributions, to any pension, annuity or 
retirement plan, including contributions to an individual retirement account under 
Section 408 of the Code, a simplified employee pension plan, a salary reduction 
simplified employee pension plan, a savings incentive match plan for employees 
plan and a deferred compensation plan under Section 457 of the Code and cash or 
deferred arrangements under Section 401 of the Code and qualified, or "Keogh," 
accounts; 
(2) Nontaxable contributions to a flexible spending arrangement under Section 
of the Code; 
(3) Amounts excluded from gross income under Section 129 of the Code; 
(4) Distributions from a ROTH IRA; 
(5) Capital gains; 
(6) The absolute value of the amount of trade or business loss, net operating loss 
carry-over, capital loss, rental loss, farm loss, partnership or S Corporation loss 
included in Maine adjusted gross income; 
(7) Inheritance; 
(8) Life insurance proceeds paid on death of an insured; 
(9) Nontaxable lawsuit rewards resulting from lawsuits for actions such as 
slander, libel and pain and suffering, excluding reimbursements such as medical 
and legal expenses associated with the case; 
(10) Support money; 
(11) Nontaxable strike benefits; 
(12) The gross amount of any pension or annuity, including railroad retirement 
benefits; 
(13) All payments received under the federal Social Security Act and state 
unemployment insurance laws; 
(14) Veterans' disability pensions; 
(15) Nontaxable interest received from the Federal Government or any of its 
agencies or instrumentalities; 
(16) Interest or dividends on obligations or securities of this State and its political 
subdivisions and authorities; 
(17) Workers' compensation and the gross amount of "loss of time" insurance; 
and 
(18) Cash public assistance and relief, but not including relief granted under this 
chapter.; and 
(19) The total nontaxable portion of the following items of income, determined as 
if a federal income tax return were required, but only if the total of all of the 
following income items exceeds $5,000: 
(a)  Jury duty payments; 
(b)  Awards; 
(c)  Lawsuit awards resulting from lawsuits for actions such as slander, libel 
and pain and suffering, excluding reimbursements such as medical and legal 
expenses associated with the case; 
(d)  Strike benefits; and 
(e)  Life insurance proceeds paid on death of an insured. 
B.  Maine adjusted gross income must be decreased by the following amounts, to the 
extent included in Maine adjusted gross income: 
(1) The first $5,000 of proceeds from a life insurance policy, whether paid in a 
lump sum or in the form of an annuity; 
(2) A rollover from an individual retirement account, pension or annuity fund or 
plan to an individual retirement account, pension or annuity fund or plan; 
(3) Gifts from nongovernmental sources; and 
(4) Surplus foods or other relief in kind supplied by a governmental agency. 
Sec. 4.  36 MRSA §6203-A, as amended by PL 2009, c. 213, Pt. S, §14 and 
affected by §16, is repealed and the following enacted in its place: 
§6203-A.  Procedure for reimbursement 
1.  Application periods beginning August 1, 2012 and August 1, 2013.  For 
application periods beginning August 1, 2012 and August 1, 2013, at least monthly on or 
before the last day of the month, the State Tax Assessor shall determine the benefit for 
each claimant under this chapter and certify the amount to the State Controller to be 
transferred to the so-called circuit breaker reserve established, maintained and 
administered by the State Controller from General Fund undedicated revenue.  At least 
monthly, the assessor shall pay the certified amounts to each approved applicant 
qualifying for the benefit under this chapter.  Interest may not be allowed on any payment 
made to a claimant pursuant to this chapter. 
2.  Application periods beginning during or after January 2014; applications 
filed January 1st to June 30th.  For application periods beginning during or after 
January 2014 and with respect to applications filed prior to July 1st, the State Tax 
Assessor shall determine the benefit for each claimant under this chapter and certify the 
amount to the State Controller at any time after June 30th, but no later than July 15th, to 
be transferred to the so-called circuit breaker reserve established, maintained and 
administered by the State Controller from General Fund undedicated revenue.  No later 
than August 1st, the assessor shall pay the certified amounts to each approved applicant 
qualifying for the benefit under this chapter. Interest may not be allowed on any payment 
made to a claimant pursuant to this chapter. 
3.  Application periods beginning during or after January 2014; applications 
filed after June 30th.  For application periods beginning during or after January 2014 
and with respect to applications filed after June 30th but prior to the following November 
15th, plus any time granted to file, at least monthly on or before the last day of the month, 
the State Tax Assessor shall determine the benefit for each claimant under this chapter 
and certify the amount to the State Controller to be transferred to the so-called circuit 
breaker reserve established, maintained and administered by the State Controller from 
General Fund undedicated revenue.  At least monthly, the assessor shall pay the certified 
amounts to each approved applicant qualifying for the benefit under this chapter.  Interest 
may not be allowed on any payment made to a claimant pursuant to this chapter. 
Sec. 5.  36 MRSA §6204, as amended by PL 2005, c. 2, Pt. E, §3 and affected by 
§§7 and 8, is repealed and the following enacted in its place: 
§6204.  Filing date 
1.  Application period beginning August 1, 2012.  For the application period 
beginning August 1, 2012, a claim may not be paid unless the claim is filed with the 
bureau on or after August 1, 2012 and on or before May 31, 2013. 
2.  Application period beginning August 1, 2013.  For the application period 
beginning August 1, 2013, a claim may not be paid unless the claim is filed with the 
bureau on or after August 1, 2013 and on or before November 30, 2013. 
3.  Application periods beginning on or after January 1, 2014.  For application 
periods beginning on or after January 1, 2014, a claim may not be paid unless the claim is 
filed with the bureau during or after January and on or before the following November 
15th. 
Sec. 6.  36 MRSA §6207, sub-§1, ¶A-1, as amended by PL 2009, c. 213, Pt. 
XXX, §1, is further amended to read: 
A-1.    Fifty percent of that portion of the benefit base that exceeds 4% but does not 
exceed 8% of income plus 100% of that portion of the benefit base that exceeds 8% 
of income to a maximum payment of $2,000 $3,000; and 
Sec. 7.  36 MRSA §6207, sub-§2-A, as enacted by PL 2007, c. 700, Pt. A, §2, is 
amended to read: 
2-A.  Income eligibility.  For application periods beginning on or after August 1, 
2008 2012, a single-member household with a household income in excess of $60,000 
$80,000 and a household with 2 or more members with a household income in excess of 
$80,000 $110,000 are not eligible for a benefit. 
Sec. 8.  Application.  This Act applies to applications filed with respect to program 
application periods of the Maine Residents Property Tax Program beginning on or after 
August 1, 2012. 
SUMMARY 
This bill makes the following changes to the Maine Residents Property Tax Program, 
also known as the Circuitbreaker Program. 
The bill simplifies the income calculation by excluding from household income the 
income of dependents and certain miscellaneous income. It also excludes from household 
income other income, such as nontaxable strike benefits, but only if the total of that 
income is less than $5,000. 
The bill changes the time for filing an application. For calendar year 2011 benefits, 
the application period is August 1, 2012 through May 31, 2013. For calendar year 2012 
benefits, the application period is August 1, 2013 through November 30, 2013. For 
benefit periods after 2012, the application must be filed during or after January and on or 
before November 15th of the following calendar year. 
The bill expands eligibility under the program by increasing maximum income 
thresholds from $60,000 to $80,000 for single-member households and from $80,000 to 
$110,000 for households with 2 or more members. The bill also increases the maximum 
benefit from $2,000 to $3,000.