An Act To Extend the Refundability of the Educational Opportunity Tax Credit to Students in the Behavioral Health Field
Maine Legislature, Session 129, LD 0349
Committee: Taxation
Sponsors: BEEBE-CENTER, VITELLI, AUSTIN, BABBIDGE, COREY, DENK, DENNO, DOUDERA, BREEN, MIRAMANT
Amends: 36 MRSA §5217-D

Legislative Document
No. 349
H.P. 275
House of Representatives, January 24, 2019
An Act To Extend the Refundability of the Educational Opportunity 
Tax Credit to Students in the Behavioral Health Field
Reference to the Committee on Taxation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BEEBE-CENTER of Rockland.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: AUSTIN of Skowhegan, BABBIDGE of Kennebunk, COREY of Windham, 
DENK of Kennebunk, DENNO of Cumberland, DOUDERA of Camden, Senators: BREEN of 
Cumberland, MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  36 MRSA §5217-D, sub-§3, as amended by PL 2017, c. 170, Pt. D, §8, is 
further amended to read:
3.  Calculation of the credit; qualified individuals.   Subject to subsection 2 and 
except as provided in this subsection, the credit with respect to a qualified individual is 
equal to the amount determined under paragraph A or paragraph B, whichever is less, 
multiplied by the proration factor:
A.   The benchmark loan payment multiplied by the number of months during the 
taxable year in which the taxpayer made loan payments; or
B.   The monthly loan payment amount multiplied by the number of months during 
the taxable year in which the taxpayer made loan payments.
The credit under this subsection for a qualified individual under subsection 1, paragraph 
G, subparagraph (1), division (a) who transferred to an accredited Maine community 
college, college or university from an accredited non-Maine community college, college 
or university after December 31, 2012 but before January 1, 2016 and who earned no 
more than 30 credit hours of course work toward the degree at an accredited non-Maine 
community college, college or university is equal to 50% of the amount otherwise 
determined under this section in the case of an associate degree and equal to 75% of the 
amount otherwise determined under this section in the case of a bachelor's degree.
Notwithstanding subsection 2, paragraph C, the credit under this subsection is refundable 
to the extent the credit is based on loans included in the financial aid package acquired to 
obtain a bachelor's degree or associate degree in science, technology, engineering or 
mathematics or for tax years beginning on or after January 1, 2019 to obtain a bachelor's 
degree or associate degree in a behavioral health field.  For tax years beginning on or 
after January 1, 2016, the credit under this subsection is refundable to the extent the credit 
is based on loans included in the financial aid package acquired to obtain an associate 
degree.
For purposes of this subsection, the proration factor is the amount derived by dividing the 
total number of academic credit hours earned for an associate, bachelor's or graduate 
degree after December 31, 2007 by the total number of academic credit hours earned for 
the associate, bachelor's or graduate degree.
SUMMARY
This bill provides that students receiving bachelor's degrees or associate degrees in a 
behavioral health field are entitled to a refundable income tax credit for certain education 
loans in the same manner as students receiving degrees in science, technology, 
engineering or mathematics.