An Act To Change the Oversight of the Maine Pilotage Commission
Maine Legislature, Session 122, LD 0152
Committee: Transportation
Sponsors: DAMON, MARLEY
Amends: 38 MRSA §85-B, 38 MRSA §90-A, 38 MRSA §100-A, 38 MRSA §106

Legislative Document 
No. 152 
S.P.58 
In Senate, January 13, 2005 
An Act To Change the Oversight of the Maine Pilotage Commission 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative MARLEY of Portland. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §85-B. sub-§I-A is enacted to read: 
I-A. 
AuthQrity. 
"Authority" 
Authority, as established in Title 5, 
means 
the 
Maine 
Port 
section l2004-F, subsection 
Sec. 2. 38 MRSA §85-B. sub-§§5 and 6. as enacted by PL 1999, c. 
355, §4, are repealed. 
Sec. 3. 38 MRSA §90-A. as amended by PL 1999, c. 355, §13, is 
further amended to read: 
§90-A. 
Reports; liaison; limitations 
On or before August 1st of each year, the commission shall 
submit to the eemmissieBe!' authority for the preceding fiscal 
year ending June 30th its annual report of its operations 
and 
financial 
position, 
together 
with 
those 
comments 
and 
recommendations that the commission considers essential. 
The authority shall act as a liaison between the commission 
and the Governor. 
~T±hlie,---,a"-u",-",t"-,h,-!o:.:.r-"i~t<Jy,-----,d""-o",,-,,,e-!i!s_..:.n,-,o,,-,t,,---~h~a,-,,v-,,,---e the 
r igh t 
toe x e r cis e 
interfere with 
the 
exercise 
of 
discretionary, 
regulatory 
licensing authority granted by statute to the commission. 
or 
or 
Sec. 4. 38MRSA §90-B. as amended by PL 1997, c. 727, Pt. C 
§18, is further amended to read: 
§90-B. 
Budget 
The commission's budget must be prepared and submi ttec1 to 
the eemmissieBeF authority for approval. 
Sec. 5. 38MRSA§90-C, as amended by PL 1997, c. 727, Pt. C, 
§19, is further amended to read: 
§90-C. 
Employees 
The 
authority 
may 
appoint 
employees 
as 
necessary. 
Sec. 6. 38 MRSA §100-A. sub-§2. 1IA. as enacted by PL 1999, c. 
355, §22, is amended to read: 
A. 
To 
eepa!'tmeBt 
state 
employees 
designated 
by 
the 
eemmissieBe!' authority; 
Sec. 7. 38 MRSA §100-A. sub-§2. ~c. as enacted by PL 1999, c. 
355, §22, is amended to read: 
c. 
By 
a 
ae~at~meBE state employee or complaint officer 
designated by the eemmissieBet authority when and to the 
extent considered necessary to facilitate the investigation; 
Sec. 8. 38 MRSA §100-A. sub-§2. ~~E and F, as enacted by PL 
1999, c. 355, §22, are amended to read: 
E. 
When 
and 
to the extent considered necessary by the 
eemmissieBet authority to avoid imminent and serious harm. 
The 
aY~RetiEY responsibility of the eemmissieBet authority 
to make such a disclosure may not be delegated; 
f. 
Pursuant to rules adopted by the 
ae~atEmeBE State, when 
it is determined that confidentiality is no longer warranted 
due 
to 
general 
public 
knowledge 
of 
the 
circumstances 
surrounding 
the 
complaint or 
investigation 
and 
when 
the 
investigation would not be preiudiced by the disclosure; and 
Sec. 9. 38 MRSA §100-A. sub-§2. ~G. as corrected by RR 1999, 
r 
1, §53, is amended to read: 
I;. 
To the person investiqated on that person's request. 
The eemmissieBel" authority may refuse to disclose part or 
all of any investigative information, including the fact of 
an investigation, when the eemmissieBet authority determines 
that 
disclosure 
would 
preiudice 
the 
investigation. 
The 
BYERetiEY responsibility of the eemmissieBel" authority to 
make such a determination may not be delegated. 
Sec. 10. 38 MRSA §106. first~. as amended by PL 1997, c. 727, 
Ft. C, §20, is further amended to read: 
jill money received by the commission must be paid to the 
~Fea&aFeF-e~-&~a~e authority and credited to the account for the 
commission within the budget of the Qe~aF~meB~-ef-~~a~~pe~tatieB 
authority. 
This 
bill 
Commission from 
Fort Authority. 
SUMMARY 
changes 
the 
oversight 
of 
the 
Maine 
Pilotage 
the Department of Transportation to the Maine