An Act To Make Additional Allocations from the Highway Fund and Other Funds for the Expenditures of State Government and To Change Certain Provisions of State Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30,2004 and June 30,2005
Maine Legislature, Session 121, LD 1934
Committee: Transportation
Sponsors: HATCH, USHER

Legislative Document 
No. 1934 
S.P.769 
In Senate, March 17, 2004 
An Act To Make Additional Allocations from the Highway Fund 
and Other Funds for the Expenditures of State Government and To 
Change Certain Provisions of State Law Necessary to the Proper 
Operations of State Government for the Fiscal Years Ending June 
30,2004 and June 30,2005 
(EMERGENCY) 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator HATCH of Somerset. (GOVERNOR'S BILL) 
Cosponsored by Representative USHER of Westbrook. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas. Acts 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 
operation of state departments and institutions 
and payable immediately; and 
incident to the 
wi 11 become due 
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-I. Supplemental allocations. 
There are allocated from 
the Highway Fund for the fiscal years ending June 30, 2004 and 
June 30, 2005, to the departments listed, the following sums. 
ADMINISTRATIVE AND FINAlfCIAL SERVICES, DEPARTMENT OF 
Departments and Agencies - Statewide 
0016 
Initiative: 
Deappropriates 
and 
deallocates 
Personal 
Services 
savings in fiscal years 2003-04 and 2004-05 from the Workers' 
Compensation line achieved through a reduction in claims from 
aggressive claims management. 
General Fund -
(Informational) 
Personal Services 
General Fund -
(Informational) 
Total 
Highway Fund 
Personal Services 
Highway Fund Total 
Departments and Agencies - Statewide 
2003-04 
($232,118) 
(232,118) 
0016 
2003-04 
(75,121) 
(75,121) 
2004-05 
($426,925) 
(426,925) 
2004-05 
(187,100) 
(187,100) 
Initiative: 
Deappropriates 
and 
deal locates 
funds 
for 
health 
insurance as a result of a negotiated rate that is less than what 
was anticipated. 
General Fund -
(Infon.ational) 
Personal Services 
General Fund -
(Informational) 
Total 
Hiqhway Fund 
Personal Services 
Highway Fund Total 
Departments and Aqencies -
Statewide 
0016 
2003-04 
o 
o 
2003-04 
o 
o 
2004-05 
(400,000) 
(400,000) 
2004-05 
(190,000) 
(190,000) 
Initiative: Allocates funds for increased state cost allocation 
program requirements associated with the recovery of unfunded 
actuarial liability costs paid by the General Fund. 
Hiqhway Fund 
All Other 
Highway Fund Total 
Revenue Services -
Bureau of 
0002 
2003-04 
o 
o 
2004-05 
333,928 
333,928 
Initiative: 
Appropriates 
funds 
in the Personal 
Services line 
category to reclassify 21 existing Revenue Agent positions to 
Senior 
Revenue 
Agent positions within the 
Bureau of 
Revenue 
Services. 
General Fund -
(Informational) 
Personal Services 
General Fund -
(Informational) 
Total 
Hiqhway Fund 
Personal Services 
Highway Fund Total 
ADMINISTRATIVE AND FINANCIAL SERVICES, 
DEPAR'DIEBT OF 
DEPAR'DIEBT 'l'OTALS 
GENERAL FUND -
(Informational) 
HIG1DfAY FUND 
DEPAR'l"MENT 'l'OTAL -
ALL FUNDS 
2003-04 
o 
o 
2003-04 
o 
o 
2003-04 
(232,118) 
(75,12J) 
(307,239) 
2004-05 
55,355 
55,355 
2004-05 
8,535 
8,535 
2004-05 
(771,570) 
(34,637) 
(806,207) 
PUBLIC SAFETY, DEPAR'DIEIIT OF 
State Police 
0291 
Initiative: Transfers funds from State Police to State Police -
Support to cover state cost allocation program charges that were 
inadvertently left out of Public Law 2003, chapter 40. 
Biqhway Fund 
All Other 
Highway Fund Total 
State Police 
0291 
2003-04 
(6,000) 
(6,000) 
2004-05 
(6,100) 
(6,100) 
Initiative: Provides funds for the arbitration ruling for the 
Maine State Police Officer reallocation. 
General Fund -
(Informational) 
Personal Services 
General Fund -
(Informational) 
Total 
Biqhway Fund 
Personal Services 
All Other 
Highway Fund Total 
Other Special Revenue Funds -
(Informational) 
Personal Services 
All Other 
Other Special Revenue Funds -
(Informational) Total 
State Police 
0291 
2003-04 
596,234 
596,234 
2003-04 
1, 021, 119 
30,000 
1,051,119 
2003-04 
13,392 
13,792 
2004-05 
162,996 
162,996 
2004-05 
, 746 
13,000 
290,746 
2004-05 
13,908 
14,308 
Initiative: 
Specialist 
positions 
increasing 
Provides 
funds 
to 
establish 
Identification 
II 
positions 
and 
Identification 
Specialist 
I 
in 
the 
Bureau 
of 
Identification 
to 
process 
the 
demands of law-enforcement-requested background checks. 
General Fund -
(Informational) 
Personal Services 
General Fund -
(Informational) 
Total 
2003-04 
o 
o 
2004-05 
86,950 
86,950 
Biqhway Fund 
Positions - Legislative Count 
Personal Services 
All Other 
Highway Fund Total 
Motor Vehicle Inspection 
0329 
2003-04 
(0.000) 
o 
o 
o 
2004-05 
(5.000) 
148,041 
4,500 
152,541 
Initiative: Provides funds for the arbitration ruling for the 
Maine State Police Officer reallocation. 
Biqhway Fund 
Personal Services 
All Other 
Highway Fund Total 
Traffic Safety 
0546 
2003-04 
59,927 
1, 800 
61, 727 
2004-05 
o 
o 
o 
Ini tiati ve: Provides funds for the arbitration ruling for the 
Maine State Police Officer reallocation. 
Biqhway Fund 
Personal Services 
All Other 
Highway Fund Total 
Traffic Safety -
Commercial Vehicle 
Enforcement 
0715 
2003-04 
15,244 
15,694 
2004-05 
6,826 
7,026 
Initiative: Provides funds 
for the arbitration ruling for the 
Maine State Police Officer reallocation. 
Biqhway Fund 
Personal Services 
All Other 
Highway Fund Total 
State Police -
Support 
0981 
2003-04 
237,103 
7,000 
244,103 
2004-05 
80,704 
2,400 
83,104 
Initiative: Transfers funds from State Police to State Police -
Support to cover state cost allocation program charges that were 
inadvertently left out of Public Law 2003, chapter 40. 
Biqhway Fund 
All Other 
2003-04 
6,000 
2004-05 
6,100 
Highway Fund Total 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND -
(Informational) 
HIGlDfAY FUND 
OTHER SPECIAL REVENUE FORDS -
(Informational) 
DEPARTMENT TOTAL -
ALL FORDS 
SECRETARY OF STATE, DEPARTMENT OF 
Administration -
Motor Vehicles 
0077 
6,000 
2003-04 
596,234 
1,372,643 
13,792 
1, 982, 669 
6,100 
2004-05 
249,946 
533,417 
14,308 
797,671 
Initiative: 
Allocates 
funds 
to 
continue 
Clerk 
Typist 
II 
positions and one Motor Vehicle Service Representative position 
through December 31, 2004. The positions are currently approved 
through April 16, 2004 by financial orders 000475F4 and 000582F4. 
The additional fiscal year 2003-04 costs are funded by salary 
savings. 
Highway Fund 
Personal Services 
Highway Fund Total 
Administration -
Motor Vehicles 
Initiative: Allocates funds for 
incurred for 
services provided 
Services on the BULL mainframe. 
Highway Fund 
All Other 
Highway Fund Total 
SECRETARY OF STATE, DEPARTMENT OF 
DEPARTMERT TOTALS 
HIGlDfAY FORD 
DEPAR'DIENT TOTAL -
ALL FORDS 
TRANSPORTATION, DEPARTMERT OF 
Bond Interest -
Highway 
0358 
0077 
2003-04 
o 
o 
2004-05 
295,277 
295,277 
contractual services and costs 
by 
the 
Bureau of 
Information 
2003-04 
2004-05 
o 
500,000 
o 
500,000 
2003-04 
2004-05 
o 
795,277 
o 
795,277 
Ini tiative: Deallocates funds 
program and allocates funds 
program for the Highway Bond 
2004-05. 
Highway Fund 
All Other 
Highway Fund Total 
from the Bond Interest -
Highway 
to the Bond Retirement -
Highway 
Fund for 
fis~al years 2003-04 and 
2003-04 
(123,750) 
(123,750) 
2004-05 
(215,000) 
(215,000) 
Bond Retirement -
Highway 
0359 
Initiative: Deallocates funds 
program and allocates funds 
program for the Highway Bond 
2004-05. 
Highway Fund 
All Other 
Highway Fund Total 
Highway and Bridge Improvement 
from the Bond Interest -
Highway 
to the Bond Retirement -
Highway 
Fund for fiscal years 2003-04 and 
0406 
2003-04 
o 
o 
2004-05 
100,000 
100,000 
Initiative: Allocates funds for highway an'd bridge improvement 
capital projects. 
This 
allocation is 
self-funded 
by 
lapsing 
$3,000,000 from the unencumbered balance forward in fiscal year 
2003-04 from several Department of Transportation Highway Fund 
carrying accounts. 
Highway Fund 
Capital Expenditures 
Highway Fund Total 
Highway and Bridge Improvement 
0406 
2003-04 
3,000,000 
3,000,000 
2004-05 
o 
o 
Ini tiative: Allocates funds for infrastructure projects in the 
Highway and Bridge Improvement program. 
Highway Fund 
Capital Expenditures 
Highway Fund Total 
Highway Maintenance 
0330 
2003-04 
o 
o 
2004-05 
4,700,000 
4,700,000 
Initiative: Corrects an allocation in Public Law 2003, chapter 
for construction of salt and sand storage facilities from the 
Administration and Planning program to the Highway Maintenance 
program. Funds were inadvertently allocated to the wrong program. 
Hiqhway Fund 
All Other 
Highway Fund Total 
Administration and Planninq 
0339 
2003-04 
202,000 
202,000 
2004-05 
o 
o 
Initiative: Corrects an allocation in Public Law 2003, chapter 
for construction of salt and sand storage facilities from the 
Administration and Planning program to the Highway Maintenance 
program. Funds were inadvertently allocated to the wrong program. 
Hiqhway Fund 
2003-04 
2004-05 
All Other 
(202,000) 
o· 
Highway Fund Total 
(202,000) 
TRAHSPORTATI(Bf, DEPAJr.L'MEltT OF 
DEPARTMENT 'l'OTALS 
2003-04 
2004-05 
HIGIDIAY FUND 
2,876,250 
4,585,000 
DEPARTMENT 'l'OTAL -
ALL FUNDS 
$2,876,250 
$4,585,000 
PARTB 
Sec. B-1. Allocations. 
There are allocated from the Highway 
Fund for the fiscal years ending June 30, 2004 and June 30, 2005, 
to the departments listed, the sums identified in the following, 
in order to provide funding for approved reclassifications and 
range changes. 
PUBLIC SAFETY, DEPAJr.L'MEltT OF 
State Police 
0291 
General Fund -
(Informational) 
Personal Services 
All Other 
General Fund -
(Informational) 
Total 
Hiqhvay Fund 
Personal Services 
All Other 
2003-04 
2004-05 
$1, 998 
$1, 349 
(1,998) 
(1,349) 
2003-04 
2004-05 
3,406 
2,295 
(3,406) 
(2,295) 
Highway Fund Total 
TRANSPORTATION, DEPAR"l"MEBT OF 
Highway Maintenance 
0330 
Highway Fund 
2003-04 
2004-05 
Personal Services 
All Other 
(299) 
(358) 
Highway Fund Total 
Traffic Service 
0331 
Highway Fund 
2003-04 
2004-05 
Personal Services 
All Other 
(75) 
(92) 
Highway Fund Total 
Bridge Maintenance 
0333 
Highway Fund 
2003-04 
2004-05 
Personal Services 
All Other 
(151) 
(179) 
Highway Fund Total 
Administration and P1anning 
0339 
Highway Fund 
2003-04 
2004-05 
Personal Services 
66,322 
77,127 
All Other 
(66,322) 
(77,127) 
Highway Fund Total 
Highway and Bridge Improvement 
0406 
Highway Fund 
2003-04 
2004-05 
Personal Services 
16,492 
19,520 
All Other 
(16,492) 
(19,520) 
Highway Fund Total 
Federa1 Expenditures Fund -
(Informational) 
2003-04 
2004-05 
Personal Services 
13,942 
16,665 
Federal Expenditures Fund -
(Informational) Total 
$13,942 
$16,665 
PARTC 
Sec. C-1. Calculation and transfer; recovery of unfunded actuarial 
liability. 
Notwithstanding any other provision of law, the State 
Budget Officer shall calculate the amount of;, expendi tures in Part 
A, section 1 that applies against each Highway Fund account for 
all 
departments 
and 
agencies 
for 
the 
increased 
state 
cost 
allocation program requirements associated with the recovery of 
unfunded actuarial liability costs and shall transfer the amounts 
by financial order upon the approval of the Governor. 
These 
transfers are considered adjustments to allocations in fiscal 
year 2004-05. The State Budget Officer shall provide the joint 
standing committee of the Legislature having jurisdiction over 
transportation matters a 
report of the transferred amounts no 
later than January 15, 2005. 
Sec. C-2. 
Calculation and transfer; savings in cost of health 
insurance. 
Notwithstanding any other provision of law, the State 
Budget Officer shall calculate the amount of savings in Part A, 
section 1 that applies against each Highway Fund account for all 
departments 
and agencies 
from savings in the cost of health 
insurance and shall transfer the amounts by financial order upon 
the approval of the Governor. 
These transfers are considered 
adjustments to allocations in fiscal year 2004-05. 
The State 
Budget Officer shall provide the joint standing committee of the 
Legislature having jurisdiction over transportation matters 
a 
report of the transferred amounts no later than January 15, 2005. 
Sec. C-3. Calculation and transfer; savings in cost of workers' 
compensation insurance. 
Notwithstanding any other provision of 
law, 
the State Budget Officer shall calculate the 
amount of 
savings in Part A, section 1 that applies against each Highway 
Fund account for all departments and agencies from savings in the 
cost of workers' compensation insurance and shall transfer the 
amounts by financial order upon the approval of the Governor. 
These transfers are considered adjustments 
to allocations 
in 
fiscal years 2003-04 and 2004-05. The State Budget Officer shall 
provide the joint standing committee of the Legislature having 
jurisdiction 
over 
transportation 
matters 
a 
report 
of 
the 
transferred amounts no later than January 15, 2005. 
PART D 
Sec. D-1. Sale of Payne Road Bridge in Scarborough to Maine 
Turnpike Authority. 
The Department of Transportation acting by 
and on behalf of the State is authorized to convey to the Maine 
Turnpike Authority and the Maine Turnpike Authority is authorized 
to 
acquire 
from 
the 
State 
the 
Payne 
Road 
Bridge 
in 
Scarborough for the sum of $5,000,000 and on such other terms and 
provisions as the Commissioner of Transportation and the members 
of 
the Maine 
Turnpike Authority determine 
are 
reasonable or 
necessary to effectuate the acquisition. 
The closing of this 
transaction will be made prior to June 30, 
2005. This section 
takes effect 90 days after the adjournment of the Second Special 
Session of the 121st Legislature. 
PARTE 
Sec. E·l. Highway Summer Maintenance account; lapsed balances. 
Notwithstanding 
any 
other 
provision 
of 
law, 
$1, 367,264 
of 
Personal Services unencumbered balance forward and $107,468 of 
All Other unencumbered balance forward in fiscal year 2003-04 in 
the 
Highway 
Summer 
Maintenance 
account in the Department of 
Transportation lapses to the Highway Fund in fiscal year 2003-04. 
Sec. 
E·2. 
Traffic 
Services 
account; 
lapsed 
balances. 
Notwithstanding any other provlslon of law, $845,363 of Personal 
Services unencumbered balance forward in fiscal year 2003-04 in 
the Traffic Services account in the Department of Transportation 
lapses to the Highway Fund in fiscal year 2003-04. 
Sec. 
E·3. 
Bridge 
Maintenance 
account; 
lapsed 
balances. 
Notwithstanding any other provision of law, $679,905 of Personal 
Services unencumbered balance forward in fiscal year 2003-04 in 
the 
Bridge 
Maintenance 
account 
in 
the 
Department 
of 
Transportation lapses to the Highway Fund in fiscal year 2003-04. 
Emergency clause. 
preamble, 
this 
Act 
otherwise indicated. 
In view of 
takes 
effect 
the emergency cited in the 
as 
when 
approved, 
SUMMARY 
This bill does the following. 
PART A 
Part A makes allocations of funds. 
PART B 
Part 
B 
makes 
allocations 
reclassifications and range changes. 
PART C 
of 
funds 
for 
except 
approved 
Part C does the following. 
1. 
It requires the State Budget Officer to calculate the 
amount of expenditures in Part A, section 1 that applies against 
each Highway Fund account for all departments and agencies for 
the 
increased 
state 
cost 
allocation 
program 
requirements 
associated with the 
recovery of unfunded actuarial liability 
costs 
and requires the State Budget Officer to transfer the 
amounts by financial order upon the approval of the Governor. 
2. 
It requires the State Budget Officer to calculate the 
amount of savings in Part A, section 1 that applies against each 
Highway 
Fund 
account 
for 
all 
departments 
and 
agencies 
from 
savings in the cost of health insurance and to transfer the 
amounts by financial order upon the approval of the Governor. 
3. 
It requires the State Budget Officer to calculate the 
amount of savings in Part A, section 1 that applies against each 
Highway 
Fund 
account 
for all 
departments 
and 
agencies 
from 
savings in the cost of workers I 
compensation insurance and to 
transfer the amounts by financial order upon the approval of the 
Governor. 
PART D 
Part D does the following. 
1. 
It authorizes the 
the 
Payne 
Road 
Bridge 
in 
Authority. 
2. 
It specifies that 
days after the adjournment 
121st Legislature. 
Department of Transportation to sell 
Scarborough to 
the 
Maine 
Turnpike 
the effective date of this Part is 90 
of the Second Special Session of the 
PART E 
Part E does the following. 
1. 
It specifies 
that 
$1,367,264 
of 
Personal 
Services 
unencumbered 
balance 
forward 
and 
$107,468 
of 
All 
Other 
unencumbered 
balance 
forward 
in fiscal 
year 
2003-04 
in 
the 
Highway 
Summer 
Maintenance 
account 
in 
the 
Department 
of 
Transportation lapses to the Highway Fund in fiscal year 2003-04. 
2. 
It 
specifies 
that 
$845,363 
of 
Personal 
Services 
unencumbered balance 
forward 
in fiscal year 
2003-04 
in the 
Traffic Services account in the 
Department of Transportation 
lapses to the Highway Fund in fiscal year 2003-04. 
Page ll-LR2841(1) 
3. 
It 
specifies 
that 
$679,905 
of 
Personal 
Services 
unencumbered balance forward in fiscal year 2003-04 in the Bridge 
Maintenance account in the Department of Transportation lapses to 
the Highway Fund in fiscal year 2003-04. 
FlSCAL 'OTE REQUIRED 
(See attac,~ed) 
HIGHWAY FUND 
Part A, Section 1 
Part D, Section 1 
Transportation, Department of 
Part E, Section 1 
Transportation, Department of 
Part E, Section 2 
Transportation, Department of 
Part E, Section 3 
Transportation, Department of 
LR2841(1) 
FISCAL NOiE 
ALLOCATIONS 
2003-04 
4,173,772 
Total 
4,173,772 
UNDEDiCAfED REVENUE 
2003-04 
Total 
ADJUSTMENTS TO BALANCE' 
Highway Fund Unallocated Surplus 
2003-04 
1,474,732 
845,363 
679,905 
Total 
3,000,000 
Fiscal Note 
2004-05 
BIENNIUM 
5,879,057 
10,052,829 
5,879,057 
10,052,829 
2004-05 
BIENNIUM 
5,000,000 
5,000,000 
5,000,000 
5,000,000 
2004-05 
BIENNIUM 
1,474,732 
845,363 
679,905 
3,000,000