Skip Maine state header navigation

Agencies | Online Services | Help

An Act Making Supplemental Appropriations and Allocations for the Expenditures of State Government, Highway Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2012 and June 30, 2013

 

 

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and

Whereas, certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

 

Be it enacted by the People of the State of Maine as follows:

 

 


PART A

Sec. A-1. Appropriations and allocations. The following appropriations and allocations are made.

 

 


PART B

Sec. B-1. Appropriations and allocations. The following appropriations and allocations are made.


PART C

Sec. C -1. Attrition savings. Notwithstanding any other provision of law, the attrition rate for fiscal year 2012-13 is increased from 5.0% to 6.0% for executive branch departments and agencies and the judicial branch.

Sec. C-2. Calculation and transfer; Highway Fund; attrition savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A of this Act that applies against each Highway Fund account for executive branch departments and agencies statewide and the judicial branch as a result of attrition savings. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to allocations in fiscal year 2012-13.

 

SUMMARY

PART C

 

This Part increases the attrition rate for fiscal year 2012-13 from 5% to 6% for executive branch departments and agencies and the judicial branch. It also requires the State Budget Officer to calculate the savings in Part A that result from attrition and to transfer the savings by financial order upon approval of the Governor.

 


PART D

Sec. D-1. Calculation and transfer; Highway Fund savings; Central Administration. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in the Executive Branch Departments and Independent Agencies Statewide program in the Department of Administrative and Financial Services in Part A of this Act that applies against each Highway Fund account for executive branch departments and independent agencies statewide from implementing a decrease in charges for services provided by the Department of Administrative and Financial Services, Division of Financial and Personnel Services. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to allocations in fiscal years 2011-12 and 2012-13.

 

SUMMARY

PART D

 

This Part requires the State Budget Officer to calculate the savings from a decrease in charges made by the Department of Administrative and Financial Services, Division of Financial and Personnel for its services and to transfer those savings by financial order upon the approval of the Governor.


PART E

Sec. E-1. 6 MRSA 54, as amended by PL 2005, c. 457, Pt. GGG, 2, is further amended to read:

54. Fees

Effective October 1, 2005, all All fees collected under this chapter must be deposited to the Treasurer of State, and by the Treasurer of State credited to the State Transit, Aviation and Rail Multimodal Transportation Fund established in Title 23, section 4210-B.

Sec. E-2. 23 MRSA 4210-B, as amended by PL 2011, c. 380, Pt. G, 1 and 2 and affected by 3 and amended by c. 420, Pt. J, 1 and 2 affected by 3, is further amended to read:

4210-B. Multimodal Transportation Fund

1. Establishment of fund.  The State Transit, Aviation and Rail Multimodal Transportation Fund, referred to in this section as "the STAR Multimodal Transportation Fund" is established as an enterprise fund Other Special Revenue Funds program through the Department of Administrative and Financial Services. Funds appropriated, allocated, transferred or deposited in the account accrue interest earnings that must be used within the STAR Multimodal Transportation Fund.

 

2. Establishment of program.  The department shall establish the STAR Multimodal Transportation Fund program through the Department of Administrative and Financial Services, Office of the State Controller.

 

3. Use of funds.  The money deposited into and disbursed from the STAR Multimodal Transportation Fund must be used for the support of the activities of the STAR Transportation Fund to manage transit, aeronautics and rail transportation purpose of purchasing, operating, maintaining, improving, repairing, constructing and managing the assets of multimodal forms of transportation including, but not limited to, transit, aeronautics, marine and rail of the State, municipalities and multimodal providers.

 

4. Disbursements from fund.  Money disbursed from the STAR Transportation Fund may be used for the purpose of purchasing, operating, maintaining, improving, repairing, constructing and managing the assets of the STAR Transportation Fund including buildings, structures and improvements and equipment.

 

5. Other fund sources.  The STAR Multimodal Transportation Fund may accept funds from other sources, including, but not limited to, the Federal Rail Administration, to carry out the provisions of this section.

 

6. Financial management.  All assets including the cash balance, liabilities and equity in the Augusta State Airport Fund must be transferred to the STAR Multimodal Transportation Fund and accounted for in a manner prescribed by the Department of Administrative and Financial Services, Office of the State Controller.

 

7. Sales tax revenue.  Beginning July 1, 2009 and every July 1st thereafter, the State Controller shall transfer to the STAR Multimodal Transportation Fund an amount, as certified by the State Tax Assessor, that is equivalent to 50% of the revenue from the tax imposed on the value of rental of a pickup truck or van with a gross weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles and the value of rental for a period of less than one year of an automobile pursuant to Title 36, section 1811 for the first 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund under Title 30-A, section 5681, subsection 5. Beginning on October 1, 2009 and every October 1st thereafter, the State Controller shall transfer to the STAR Multimodal Transportation Fund an amount, as certified by the State Tax Assessor, that is equivalent to 50% of the revenue from the tax imposed on the value of rental of a pickup truck or van with a gross weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles and the value of rental for a period of less than one year of an automobile pursuant to Title 36, section 1811 for the last 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund. The tax amount must be based on actual sales for that fiscal year and may not consider any accruals that may be required by law. The amount transferred from General Fund sales and use tax revenues does not affect the calculation for the transfer to the Local Government Fund.

 

This subsection is repealed June 30, 2012.

 

7-A. Sales tax revenue.   Beginning July 1, 2012 and every July 1st thereafter, the State Controller shall transfer to the STAR Multimodal Transportation Fund an amount, as certified by the State Tax Assessor, that is equivalent to 100% of the revenue from the tax imposed on the value of rental of a pickup truck or van with a gross weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles and the value of rental for a period of less than one year of an automobile pursuant to Title 36, section 1811 for the first 6 months of the prior fiscal year. Beginning on October 1, 2012 and every October 1st thereafter, the State Controller shall transfer to the STAR Multimodal Transportation Fund an amount, as certified by the State Tax Assessor, that is equivalent to 100% of the revenue from the tax imposed on the value of rental of a pickup truck or van with a gross weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles and the value of rental for a period of less than one year of an automobile pursuant to Title 36, section 1811 for the last 6 months of the prior fiscal year. The tax amount must be based on actual sales for that fiscal year and may not consider any accruals that may be required by law.

Sec. E-3. 23 MRSA 7103-A, as enacted by PL 2005, c. 457, Pt. GGG, 5, is amended to read:

7103-A. Deposit into Multimodal Transportation Fund account

Effective October 1, 2005, the The Treasurer of State shall receive all revenue derived from the tax levied pursuant to Title 36, chapter 361 and taxes paid under Title 36, section 1865 and shall deposit all revenue in a separate account to be known as the State Transit, Aviation and Rail Multimodal Transportation Fund account established in section 4210-B.

Sec. E-4. 36 MRSA 1865, as amended by PL 2005, c. 457, Pt. GGG, 6, is further amended to read:

1865. Deposit of use taxes paid on certain fuels

The Treasurer of State shall deposit all use taxes received for fuel consumed by vehicles operating on rails and qualifying for a fuel tax refund under section 3218 and taxed under this chapter into the State Transit, Aviation and Rail Multimodal Transportation Fund established in Title 23, section 7103-A 4210-B.

Sec. E-5. 36 MRSA 2625, as amended by PL 2005, c. 457, Pt. GGG, 7, is further amended to read:

2625. Return and payment

Every railroad company incorporated under the laws of this State or doing business in this State shall file with the State Tax Assessor annually, on or before April 15th, a railroad excise tax return, on a form prescribed by the State Tax Assessor. The tax must be paid in equal installments on the next June 15th, September 15th and December 15th. Except as otherwise provided in subsection 1, the Treasurer of State shall deposit all taxes paid under this chapter into the State Transit, Aviation and Rail Multimodal Transportation Fund account established under Title 23, section 7103-A 4210-B.

Sec. E-6. 36 MRSA 2903-E, as enacted by PL 2005, c. 457, Pt. GGG, 8, is repealed.

Sec. E-7. 36 MRSA 2912, as amended by PL 2005, c. 457, Pt. GGG, 9, is further amended to read:

2912. Records and reports regarding sales of fuels for aeronautical purposes

Effective October 1, 2005, the The tax received by the State on internal combustion engine fuels that are sold to be used for aeronautical purposes must accrue to the State Transit, Aviation and Rail Multimodal Transportation Fund. The necessary expenses of the collection of the tax on such fuels to be used for aeronautical purposes must be deducted.

Sec. E-8. Rename Administration - Aeronautics program. Notwithstanding any other provision of law, the Administration Aeronautics program within the Department of Transportation is renamed the Multimodal - Aviation program.

Sec. E-9. Rename Railroad Assistance Program. Notwithstanding any other provision of law, the Railroad Assistance Program within the Department of Transportation is renamed the Multimodal - Freight program.

Sec. E-10. Rename Marine Highway Transportation program. Notwithstanding any other provision of law, the Marine Highway Transportation program within the Department of Transportation is renamed the Multimodal Island Ferry Service program.

Sec. E-11. Establish Multimodal Passenger Rail program. Notwithstanding any other provision of law, the Multimodal Passenger Rail program is established within the Department of Transportation for the State funds used to assist in the operation of the Downeaster rail service operated by the Northern New England Passenger Rail Authority.

Sec. E-12. Rename Administration - Ports and Marine Transportation program. Notwithstanding any other provision of law, the Administration - Ports and Marine Transportation program within the Department of Transportation is renamed the Multimodal Ports and Marine program.

Sec. E -13. Rename State Transit, Aviation and Rail Transportation Fund program. Notwithstanding any other provision of law, the State Transit, Aviation and Rail Transportation Fund program within the Department of Transportation is renamed the Multimodal Transportation program.

Sec. E-14. Rename Public Transportation program. Notwithstanding any other provision of law, the Public Transportation program within the Department of Transportation is renamed the Multimodal - Transit program.

 

SUMMARY

PART E

This Part does the following:

It renames the State Transit, Aviation and Rail Transportation Fund, or STAR, program the Multimodal Transportation program and changes the program from an enterprise fund program to an Other Special Revenue Funds program.

It repeals a provision that required the annual transfer of $100,000 in gasoline tax revenue from the Highway Fund to the STAR program.

It renames several programs within the Department of Transportation as follows.

The Administration Aeronautics program is renamed the Multimodal Aviation program; the Railroad Assistance Program is renamed the Multimodal Freight program; he Marine Highway Transportation program is renamed the Multimodal Island Ferry Service program; the Ports and Marine Transportation program is renamed the Multimodal Ports and Marine program; and the Public Transportation program is renamed the Multimodal Transit program.

It creates a new program, the Multimodal Passenger Rail program.


Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.