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An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2019
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.
 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
 
Executive Branch Departments and Independent Agencies - Statewide 0017
 
Initiative: Adjusts funding as a result of the review of vacant positions as authorized in Public Law 2017, chapter 284, Part EE.

GENERAL FUND	2018-19	2019-20	2020-21	
Personal Services	$2,899,082	$0	$0	
				
GENERAL FUND TOTAL	$2,899,082	$0	$0	

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$2,899,082	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$2,899,082	$0	$0	

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
 
Land Management and Planning Z239
 
Initiative: Provides funding for capital construction materials, capital improvements to bridges and roads, and other improvements to recreational trails and sites used by the public.

OTHER SPECIAL REVENUE FUNDS	2018-19	2019-20	2020-21	
Capital Expenditures	$200,000	$0	$0	
				
OTHER SPECIAL REVENUE FUNDS TOTAL	$200,000	$0	$0	

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
OTHER SPECIAL REVENUE FUNDS	$200,000	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$200,000	$0	$0	

CULTURAL AFFAIRS COUNCIL, MAINE STATE
 
State of Maine Bicentennial Celebration Z260
 
Initiative: Provides one-time funding for staff support and other expenses associated with the planning of the State of Maine bicentennial celebration. Funds appropriated for this purpose do not lapse but must be carried forward into the next fiscal year to be used only to support the expenses of planning the bicentennial celebration.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$1,000,000	$0	$0	
				
GENERAL FUND TOTAL	$1,000,000	$0	$0	

CULTURAL AFFAIRS COUNCIL, MAINE STATE				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$1,000,000	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$1,000,000	$0	$0	

DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF
 
Disaster Assistance 0841
 
Initiative: Provides one-time funding to the Disaster Recovery Fund to meet the State's share of estimated disaster recovery costs, as authorized in the Maine Revised Statutes, Title 37-B, section 744, subsection 2-A.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$2,500,000	$0	$0	
				
GENERAL FUND TOTAL	$2,500,000	$0	$0	

DEFENSE, VETERANS AND EMERGENCY MANAGEMENT, DEPARTMENT OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$2,500,000	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$2,500,000	$0	$0	

EXECUTIVE DEPARTMENT
 
Public Advocate 0410
 
Initiative: Provides funding for expert witnesses and related costs in upcoming billing and metering and rate cases.

OTHER SPECIAL REVENUE FUNDS	2018-19	2019-20	2020-21	
All Other	$352,078	$0	$0	
				
OTHER SPECIAL REVENUE FUNDS TOTAL	$352,078	$0	$0	

EXECUTIVE DEPARTMENT				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
OTHER SPECIAL REVENUE FUNDS	$352,078	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$352,078	$0	$0	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF
 
Disproportionate Share - Dorothea Dix Psychiatric Center Z225
 
Initiative: Transfers 6 Mental Health Worker I positions from 36% General Fund and 64% Other Special Revenue Funds in the Dorothea Dix Psychiatric Center program to 36% Disproportionate Share - Dorothea Dix Psychiatric Center program, General Fund and 64% Dorothea Dix Psychiatric Center program, Other Special Revenue Funds.

GENERAL FUND	2018-19	2019-20	2020-21	
POSITIONS - LEGISLATIVE COUNT	6.000	0.000	0.000	
Personal Services	$145,879	$0	$0	
				
GENERAL FUND TOTAL	$145,879	$0	$0	

Dorothea Dix Psychiatric Center Z222
 
Initiative: Transfers 6 Mental Health Worker I positions from 36% General Fund and 64% Other Special Revenue Funds in the Dorothea Dix Psychiatric Center program to 36% Disproportionate Share - Dorothea Dix Psychiatric Center program, General Fund and 64% Dorothea Dix Psychiatric Center program, Other Special Revenue Funds.

GENERAL FUND	2018-19	2019-20	2020-21	
POSITIONS - LEGISLATIVE COUNT	(6.000)	0.000	0.000	
Personal Services	($145,879)	$0	$0	
				
GENERAL FUND TOTAL	($145,879)	$0	$0	

Medical Care - Payments to Providers 0147
 
Initiative: Adjusts allocations between the Medical Care - Payments to Providers program and the Nursing Facilities program within the same fund to correct an allocation approved in Public Law 2017, chapter 460.

FEDERAL EXPENDITURES FUND	2018-19	2019-20	2020-21	
All Other	($11,528,954)	$0	$0	
				
FEDERAL EXPENDITURES FUND TOTAL	($11,528,954)	$0	$0	

Nursing Facilities 0148
 
Initiative: Adjusts allocations between the Medical Care - Payments to Providers program and the Nursing Facilities program within the same fund to correct an allocation approved in Public Law 2017, chapter 460.

FEDERAL EXPENDITURES FUND	2018-19	2019-20	2020-21	
All Other	$11,528,954	$0	$0	
				
FEDERAL EXPENDITURES FUND TOTAL	$11,528,954	$0	$0	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$0	$0	$0	
FEDERAL EXPENDITURES FUND	$0	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$0	$0	$0	

HISTORIC PRESERVATION COMMISSION, MAINE
 
Historic Preservation Commission 0036
 
Initiative: Provides funding for Personal Services costs due to a projected shortfall.

GENERAL FUND	2018-19	2019-20	2020-21	
Personal Services	$23,927	$0	$0	
				
GENERAL FUND TOTAL	$23,927	$0	$0	

HISTORIC PRESERVATION COMMISSION, MAINE				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$23,927	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$23,927	$0	$0	

JUDICIAL DEPARTMENT
 
Courts - Supreme, Superior and District 0063
 
Initiative: Provides funding to meet current rates developed by the Department of Administrative and Financial Services, Office of Information Technology for network access.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$184,214	$0	$0	
				
GENERAL FUND TOTAL	$184,214	$0	$0	

JUDICIAL DEPARTMENT				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$184,214	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$184,214	$0	$0	

LIBRARY, MAINE STATE
 
Administration - Library 0215
 
Initiative: Provides funding for Personal Services costs due to a projected shortfall.

GENERAL FUND	2018-19	2019-20	2020-21	
Personal Services	$13,000	$0	$0	
				
GENERAL FUND TOTAL	$13,000	$0	$0	

Maine State Library 0217
 
Initiative: Provides funding for the full subscription and support of 13 public computers.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$6,400	$0	$0	
				
GENERAL FUND TOTAL	$6,400	$0	$0	

Maine State Library 0217
 
Initiative: Provides funding for Personal Services costs due to a projected shortfall.

GENERAL FUND	2018-19	2019-20	2020-21	
Personal Services	$16,000	$0	$0	
				
GENERAL FUND TOTAL	$16,000	$0	$0	

LIBRARY, MAINE STATE				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$35,400	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$35,400	$0	$0	

MARINE RESOURCES, DEPARTMENT OF
 
Bureau of Policy and Management 0258
 
Initiative: Reallocates 15% of the cost of 8 Marine Patrol Officer positions and 3 Marine Patrol Specialist positions and 10% of the cost of 2 Marine Patrol Mechanic Specialist positions from the Bureau of Policy and Management program, Other Special Revenue Funds to the Marine Patrol - Bureau of program, General Fund.

OTHER SPECIAL REVENUE FUNDS	2018-19	2019-20	2020-21	
Personal Services	($180,872)	$0	$0	
				
OTHER SPECIAL REVENUE FUNDS TOTAL	($180,872)	$0	$0	

Marine Patrol - Bureau of 0029
 
Initiative: Provides funding for the Department of Public Safety's State Police records management system.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$36,563	$0	$0	
				
GENERAL FUND TOTAL	$36,563	$0	$0	

Marine Patrol - Bureau of 0029
 
Initiative: Reallocates 15% of the cost of 8 Marine Patrol Officer positions and 3 Marine Patrol Specialist positions and 10% of the cost of 2 Marine Patrol Mechanic Specialist positions from the Bureau of Policy and Management program, Other Special Revenue Funds to the Marine Patrol - Bureau of program, General Fund.

GENERAL FUND	2018-19	2019-20	2020-21	
Personal Services	$180,872	$0	$0	
				
GENERAL FUND TOTAL	$180,872	$0	$0	

Marine Patrol - Bureau of 0029
 
Initiative: Provides funding for an increase in fees for dispatch services provided by the Department of Public Safety.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$41,561	$0	$0	
				
GENERAL FUND TOTAL	$41,561	$0	$0	

Marine Patrol - Bureau of 0029
 
Initiative: Provides funding for insurance, uniforms, training, rents and minor equipment for the Bureau of Marine Patrol.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$176,387	$0	$0	
				
GENERAL FUND TOTAL	$176,387	$0	$0	

MARINE RESOURCES, DEPARTMENT OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$435,383	$0	$0	
OTHER SPECIAL REVENUE FUNDS	($180,872)	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$254,511	$0	$0	

PROPERTY TAX REVIEW, STATE BOARD OF
 
Property Tax Review - State Board of 0357
 
Initiative: Provides funding for payment of Attorney General legal fees.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$38,772	$0	$0	
				
GENERAL FUND TOTAL	$38,772	$0	$0	

PROPERTY TAX REVIEW, STATE BOARD OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$38,772	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$38,772	$0	$0	

SECRETARY OF STATE, DEPARTMENT OF
 
Bureau of Administrative Services and Corporations 0692
 
Initiative: Provides funding for the annual lease of accessible voting system equipment, software and support to municipalities for 2019.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$400,000	$0	$0	
				
GENERAL FUND TOTAL	$400,000	$0	$0	

SECRETARY OF STATE, DEPARTMENT OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$400,000	$0	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$400,000	$0	$0	

SECTION TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$7,516,778	$0	$0	
FEDERAL EXPENDITURES FUND	$0	$0	$0	
OTHER SPECIAL REVENUE FUNDS	$371,206	$0	$0	
				
SECTION TOTAL - ALL FUNDS	$7,887,984	$0	$0	
 
PART B
Sec. B-1. 22 MRSA §3174-SS, as enacted by PL 2011, c. 477, Pt. I, §1, is repealed.
PART C
Sec. C-1. 22 MRSA §3174-VV, as amended by PL 2017, c. 407, Pt. A, §78, is repealed.
PART D
Sec. D-1. 34-A MRSA c. 3, sub-c. 6, as amended, is repealed.
Sec. D-2.  34-A MRSA c. 3, sub-c. 10  is enacted to read:
SUBCHAPTER 10
WASHINGTON COUNTY PRERELEASE CENTER
§ 4301. Establishment
There is established the Washington County Prerelease Center, referred to in this subchapter as "the center," which must be located in Washington County as a minimum security unit of the Mountain View Correctional Facility.
§ 4302. Purposes
The purposes of the center include vocational training and rehabilitative programs, including work release and work involving public restitution.
§ 4303. Superintendent
 
1.  Chief administrative officer.     The chief administrative officer of the center is the superintendent of the Mountain View Correctional Facility as described in section 4103, subsection 1, referred to in this subchapter as "the superintendent."
 
2.  Duties.     In addition to other duties set out in this chapter, the superintendent has the following duties.
 
A.  The superintendent shall exercise proper supervision over the employees, grounds, buildings and equipment at the center.
 
B.  The superintendent shall supervise and control the prisoners at the center in accordance with departmental rules.
§ 4304. Prisoners generally
 
1.  Confinement of prisoners transferred to center.     All prisoners transferred to the center must be detained and confined in accordance with the sentences of the court and the rules of the department.
 
2.  Work release.     The superintendent shall work collaboratively with private employers as necessary to ensure the provision of suitable work release opportunities for prisoners at the center.
 
3.  Employment.     The commissioner may authorize the employment of prisoners at the center on public works with any department, agency or entity of state, county or local government and may authorize the use of prisoners to provide assistance in the improvement of property owned by nonprofit organizations.
 
A.  The commissioner shall adopt those rules as the commissioner considers proper to ensure the care and treatment of the prisoners and the safe working conditions of prisoners and departmental employees. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
B.  The purpose of the employment authorized in this subsection is to provide training to the prisoners and to be a form of public restitution for the crimes committed by the prisoners.
 
C.  A prisoner employed under this subsection may not be compensated monetarily for work performed.
 
D.  The commissioner may request that a nonprofit organization pay for the transportation of the prisoners it employs and pay the per diem compensation of correctional officers or instructors who must accompany the prisoners or oversee the work to be performed.
 
4.  Escape.     A prisoner who escapes from the center or from any assignment beyond the grounds of the center, including assignment with community rehabilitative programs, is guilty of escape under Title 17-A, section 755.
§ 4305. Employees of the center
Employees of the center have the same power as deputy sheriffs in their respective counties to search for and apprehend a prisoner who has escaped from the center when those employees are authorized to do so by the superintendent.
Sec. D-3. Authority for property purchase for Washington County Prerelease Center. The Commissioner of Corrections may purchase a parcel of land and buildings in Washington County for the Washington County Prerelease Center by warranty deed with or without covenants to be conveyed to the State of Maine Department of Corrections and recorded in the Washington County Registry of Deeds. The commissioner may purchase the property and negotiate any sales, solicit bids or directly enter a purchase and sale agreement. A purchase of property pursuant to this section must be approved by the Director of the Bureau of General Services within the Department of Administrative and Financial Services.
PART E
Sec. E-1.  PL 2015, c. 483, §1, sub-§5  is amended to read:
5. Cost recovery fund. There is established within the commission a nonlapsing cost recovery fund, referred to in this section as "the fund." The fund receives funds allocated or transferred by the Legislature from the unappropriated surplus of the General Fund in accordance with subsection 8. The commission shall use the fund to pay all above-market costs of any contract entered into under this section. No more than 50% of the fund may be awarded to facilities serving the NMISA region. At the close of fiscal year 2016-17, amounts remaining in the cost recovery fund that the commission has determined are not needed to pay above-market costs in accordance with subsection 6 must be transferred to the Maine Budget Stabilization Fund established under the Maine Revised Statutes, Title 5, section 1532. The commission by rule or order shall establish how above-market costs are determined and how payments from the fund are made. At the close of fiscal year 2018-19, $5,461,387.64 in the cost recovery fund must be transferred to the General Fund unappropriated surplus in fiscal year 2018-19.
PART F
Sec. F-1. Transfer balances. Notwithstanding any other provision of law, at the close of fiscal year 2018-19, the State Controller shall transfer, after the deduction of all allocations, financial commitments, other designated funds or any other transfer authorized by statute, any remaining balance specifically related to federal supplemental nutrition assistance program overpayments in the Food Supplement Administration program, Federal Expenditures Fund to the Food Supplement Administration program, Other Special Revenue Funds.
PART G
Sec. G-1. Office of the Public Advocate; special assessment on electric utility entities. Notwithstanding any other provision of law, in fiscal year 2018-19, every electric utility entity subject to an assessment under the Maine Revised Statutes, Title 35-A, section 116, subsection 8 is subject to an additional assessment on its intrastate gross operating revenues sufficient to produce $353,000 total. The revenues produced from this assessment must be transferred to the Public Advocate Regulatory Fund. All Other funds in the amount of $353,000 may be used only for the costs associated with representing electric utility ratepayers in the State and the State's public interests for the anticipated Emera Maine rate case and bifurcated Central Maine Power Company billing and metering and rate cases for retention of expert witnesses and related costs.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
PART A
This Part makes appropriations and allocations.
PART B
This Part repeals the limited lifetime maximum coverage and reimbursement of 24 months under the MaineCare program for buprenorphine and naloxone combination drugs for the treatment of addiction.
PART C
This Part repeals the limited lifetime maximum reimbursement of 24 months under the MaineCare program for methadone for the treatment of addiction.
PART D
This Part repeals the laws governing the former Downeast Correctional Facility and establishes a Department of Corrections prerelease center in Washington County.
PART E
This Part transfers the remaining funds in the cost recovery fund of the Public Utilities Commission to the unappropriated surplus of the General Fund in fiscal year 2018-19.
PART F
This Part requires the State Controller to transfer any remaining balance specifically related to federal supplemental nutrition assistance program overpayments in the Food Supplement Administration program, Federal Expenditures Fund to the Food Supplement Administration program, Other Special Revenue Funds.
PART G
This Part imposes an additional assessment on electric utility entities for fiscal year 2018-19 to provide funding to the Office of the Public Advocate in order to fund the costs of representing ratepayers in rate cases.