An Act To Respect the Will of Maine Voters by Funding Education at 55 Percent
Maine Legislature, Session 129, LD 1508
Committee: Taxation
Sponsors: SYLVESTER
Amends: 20-A MRSA §15698, 36 MRSA §5111

Legislative Document
No. 1508
H.P. 1100
House of Representatives, April 4, 2019
An Act To Respect the Will of Maine Voters by Funding Education 
at 55 Percent
Reference to the Committee on Taxation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §15698 is enacted to read:
§15698.  Fund to Advance Public Kindergarten to Grade 12 Education
1.  Fund established.  The Fund to Advance Public Kindergarten to Grade 12 
Education, referred to in this section as "the fund," is established as an interest-bearing 
account administered by the department.
2.  Revenue; 30-day review before changing use of fund.  The Treasurer of State 
shall deposit all revenue collected pursuant to Title 36, section 5111, subsection 7 from 
the income tax surcharge to advance public kindergarten to grade 12 education into the 
fund according to the schedule in Title 36, section 5111, subsection 7. Any private or 
public funds appropriated, allocated or dedicated to the fund must be deposited into the 
fund as well as income from any other source directed to the fund. All interest earned by 
the fund becomes part of the fund.  Legislation that proposes to enact or amend a law that 
would change the distribution of the revenue directed to the fund by this subsection or by 
Title 36, section 5111, subsection 7 must be submitted to the Legislative Council and to 
the joint standing committee of the Legislature having jurisdiction over education matters 
at least 30 days prior to any vote or public hearing on that legislation.
3.  Use of fund to supplement and not supplant General Fund appropriations; 
direct support for student learning.  The use of the fund is controlled by this 
subsection.  The fund may not be used for any purpose other than as described in this 
subsection. 
A.  If the General Fund appropriation for the state contribution for general purpose 
aid for local schools as finally enacted in any year is insufficient to meet the annual 
target established by section 15752, the commissioner shall use the fund to 
supplement the state contribution.  These supplemental funds must be used to enable 
the State to meet the annual target established by section 15752 or to decrease the 
amount by which state funding from all other sources falls short of the target.  The 
commissioner shall announce the increased state contribution amounts made possible 
by the supplemental amounts obtained from the fund within 14 days after final 
enactment of the General Fund appropriation for general purpose aid for local 
schools.  The commissioner shall distribute the increased state contribution amounts 
on the basis of the essential programs and services formula set forth in this chapter.
B.  The fund may be used only to pay for portions of the state contribution that 
constitute direct support for student learning and not for the costs of administration.  
As used in this paragraph, "direct support for student learning" includes salary and 
benefit costs paid for public school classroom teachers; special teachers of reading or 
mathematics; literacy specialists; career and technical education teachers; education 
technicians; associate teachers; assistant teachers; special education technicians I, II 
or III; guidance staff; health staff; librarians; and media assistants as documented in 
the department's database.  Direct support for student learning does not include salary 
and benefit costs paid for school administrative staff or clerical staff.  By July 1st 
annually each school administrative unit must file a report with the department 
detailing how the funding provided by this section was used to provide direct support 
for student learning in this chapter.
C.  The fund may be used for the necessary expenses of the department in the 
administration of the fund. 
4.  Report.  Annually by January 15th, the department shall submit a report to the 
joint standing committee of the Legislature having jurisdiction over education matters 
showing the amounts deposited into and disbursed from the fund and detailing how those 
disbursements increased the state contribution and enabled the State to meet or come 
closer to meeting the applicable annual target specified in section 15752.  The department 
shall post the report on its publicly accessible website.
5.  Rule of construction.  This section must be liberally construed to increase the 
amount of funding available for public kindergarten to grade 12 education above the 
General Fund appropriation for that year to the greatest extent possible in any year.
Sec. 2.  36 MRSA §5111, sub-§7 is enacted to read:
7.  Income tax surcharge to advance public kindergarten to grade 12 education.  
An income tax surcharge to advance public kindergarten to grade 12 education, referred 
to in this subsection as "the surcharge," is established and administered as follows.
A.  For tax years beginning on or after January 1, 2020, in addition to any other tax 
imposed by this chapter, a tax at the rate of 3% is imposed on that portion of the 
taxpayer's Maine taxable income in excess of $200,000.
B.  One hundred percent of the revenue from the surcharge must be deposited each 
year into the Fund to Advance Public Kindergarten to Grade 12 Education 
established in Title 20-A, section 15698 in accordance with this paragraph.
(1)  Prior to January 1st of each year, the bureau shall estimate the annual 
revenue to be collected from the surcharge for the immediately following 
calendar year.
(2)  On the first of each month, beginning on January 1, 2021, the Treasurer of 
State shall deposit 8.333% of the estimated annual total revenue from the 
surcharge into the Fund to Advance Public Kindergarten to Grade 12 Education.
(3)  The bureau may adjust the monthly transfer amount once annually to account 
for any difference between the estimated collection and actual collection.
C.  The surcharge must be imposed and collected regardless of whether the income 
tax brackets in this section are changed, replaced or eliminated by an act of the 
Legislature or by a measure approved by voters pursuant to the Constitution of 
Maine, Article IV, Part Third, Section 18.
SUMMARY
This bill restores provisions of Initiated Bill 2015, chapter 4.  It establishes the Fund 
to Advance Public Kindergarten to Grade 12 Education for the purpose of improving the 
ability of the State to reach the annual target of 55%, as specified in statute, for the state 
share of the total cost of funding public education from kindergarten to grade 12 and for 
increasing direct support for student learning, but not for administrative costs.  Revenue 
for the fund is generated by a 3% surcharge on Maine income tax over $200,000, 
beginning with tax years beginning on or after January 1, 2020.