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 30,2005 and June 30, 2006
Maine Legislature, Session 122, LD 1974
Committee: Transportation
Sponsors: MARLEY, McKENNEY, DAMON
Amends: 23 MRSA §4210-C

Legislative Document 
No. 1974 
H.P.1382 
House of Representatives, January 24,2006 
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 
30,2005 and June 30, 2006 
(EMERGENCY) 
Reference to the Committee on Transportation suggested and ordered printed. 
1J1~ 
1'J7. 7I/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MARLEY of Portland. (GOVERNOR'S BILL) 
Cosponsored by Representative: McKENNEY of Cumberland, Senators: DAMON of 
Hancock, SA V AGE of Knox. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the gO-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-I. Supplemental allocations. 
There are allocated from 
the Highway Fund for the fiscal years ending June 30, 2005 and 
June 30, 2006, to the departments listed, the following sums. 
ADMINISTRATIVE AND FINANCIAL SERVICES, 
DEPARTMENT OF 
Buildings and Grounds Operations 
0080 
Initiative: 
Provides 
funding 
for 
the 
increase 
in 
fuel 
and 
utility costs. 
HIGlDfAY FlJlIID 
All Other 
HIGHWAY FUND TOTAL 
ADMINISTRATIVE AND FINANCIAL SERVICES, 
DEPAR'l'MERT OF 
DEPAJn'MERT TO'I'ALS 
HIGlDfAY FlJlIID 
DEPAR'DIERT TO'I'AL -
ALL FlJlIIDS 
PUBLIC SAFETY, DEPAR"l"MENT OF 
State Police 
0291 
Page l-LR3082(1) 
2005-06 
$100,000 
$100,000 
2005-06 
$100,000 
$100,000 
2006-07 
$50,000 
$50,000 
2006-07 
$50,000 
$50,000 
Initiative: 
Provides funding for a 
new heating system at the 
Maine State Police garage in South Portland. 
GENERAL FUBD -
(INFORMATIORAL) 
Capital Expenditures 
GENERAL FUND -
(INFORMATIONAL) TOTAL 
HIGmfAY FUBD 
Capital Expenditures 
HIGHWAY FUND TOTAL 
State Police 
0291 
2005-06 
$18,500 
$18,500 
2005-06 
$31,500 
$31,500 
2006-07 
$0 
$0 
2006-07 
$0 
$0 
Initiative: 
Provides funding for increased vehicle fuel costs. 
GENERAL FUBD -
(INFORMATIORAL) 
All Other 
GENERAL FUND -
(INFORMATIONAL) TOTAL 
HIGHWAY FUBD 
All Other 
HIGHWAY FUND TOTAL 
Motor Vehicle Inspection 
0329 
2005-06 
$63,125 
$63,125 
2005-06 
$3,539 
$3,539 
2006-07 
$59,314 
$59,314 
2006-07 
$0 
$0 
Initiative: 
Provides funding for increased vehicle fuel costs. 
HIGHWAY FUBD 
All Other 
HIGHWAY FUND TOTAL 
Traffic Safety 
0546 
2005-06 
$0 
$0 
2006-07 
$1,504 
$1,504 
Initiative: 
Provides funding for increased vehicle fuel costs. 
HIGHWAY FUBD 
All Other 
HIGHWAY FUND TOTAL 
2005-06 
$0 
$0 
Traffic Safety -
Commercial Vehicle Enforcement 
0715 
2006-07 
$1, 800 
$1,800 
Initiative: 
Provides funding for increased vehicle fuel costs. 
HIGHWAY FUND 
2005-06 
2006-07 
All Other 
HIGHWAY FUND TOTAL 
PUBLIC SAFETY, DEPAR'l'MENT OF 
DEPAR'l'MERT 'IOTALS 
GElIERAL FUND -
(INFORMATIONAL) 
HIGlDfAY FUND 
DEPAR'l'MERT 'IOTAL -
ALL FUNDS 
SECRETARY OF STATE, DEPARTMENT OF 
Administration - Motor Vehicles 
0011 
$25,968 
$25,968 
2005-06 
$81,625 
$61,001 
$142,632 
$7,404 
$7,404 
2006-01 
$59,314 
$10,108 
$10,022 
Initiative: 
Continues 
positions 
established 
purpose of handling 
Motor Vehicle Service Representative 
in 
Financial 
Order 
002087 
F6 
for 
the 
increased customer transactions 
involving 
driver's licenses. 
HIGlDfAY FUND 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
HIGHWAY FUND TOTAL 
Administration - Motor Vehicles 
0011 
2005-06 
14.000 
$120,484 
$120,484 
2006-01 
14.000 
$667,828 
$667,828 
Ini tiati ve: 
Provides funding to reimburse the Administration -
Motor Vehicles program. These funds were used to establish 14 
Motor Vehicle Service Representative positions in motor vehicle 
offices statewide in Financial Order 002087 F6. 
HIGlDfAY FUND 
All Other 
Capital Expenditures 
HIGHWAY FUND TOTAL 
Administration - Motor Vehicles 
0011 
2005-06 
$172,466 
$205,684 
$378,150 
2006-07 
$0 
$0 
$0 
Initiative: 
Provides funding to reimburse the Administration -
Motor Vehicles program for a deal location in Public Law 2005, 
chapter 457, Part GGG. 
4.6 
HIGlDfAY FUND 
All Other 
HIGHWAY FUND TOTAL 
2005-06 
$190,000 
$190,000 
2006-01 
$0 
$0 
Administration -
MOtor Vehicles 
0077 
Initiative: 
Reduces funding approved in Public Law 2005, chapter 
that provided funds for certain services from licensed sign 
language interpreters. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
Administration -
Motor Vehicles 
0077 
2005-06 
($66,000) 
($66,000) 
2006-07 
($101,000) 
($101,000) 
Initiative: 
Provides funding to pay the 
$1 driver's license 
agent fee for processing driver's licenses, state identifications 
and duplicate driver's licenses on-line. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
Administration -
MOtor Vehicles 
0077 
2005-06 
$12,000 
$12,000 
2006-07 
$15,600 
$15,600 
Ini tiati ve: 
Provides funding for an engineering study, capital 
improvements for building security and computer room security at 
the Bureau of Motor Vehicles building at 101 Hospital Street in 
Augusta. 
HIGHWAY FUND 
All Other 
Capital Expenditures 
HIGHWAY FUND TOTAL 
SECRETARY OF STATE, DEPARTMENT OF 
DEPARTMENT TOTALS 
HIGHWAY FUND 
DEPARTMENT TOTAL -
ALL FUNDS 
TRANSPORTATION, DEPARTMENT OF 
Bond Interest -
Highway 
0358 
2005-06 
2006-07 
$20,000 
$0 
$118,500 
$0 
$138,500 
$0 
2005-06 
2006-07 
$773,134 
$582,428 
$773,134 
$582,428 
Initiative: 
Allocates funding for debt service interest on bonds 
issued for highway and bridge improvement projects. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
Highway and Bridge Improvement 
0406 
2005-06 
$0 
$0 
2006-07 
$438,603 
$438,603 
Initiative: 
Provides funding for capital improvement 
resulting 
from 
increased 
revenue 
estimates 
provided 
Revenue Forecasting Committee in December 2005. 
projects 
by 
the 
HIGIDfAY FUND 
Capital Expenditures 
HIGHWAY FUND TOTAL 
Callahan Mine Site Restoration 
2:007 
2005-06 
$2,225,000 
$2,225,000 
2006-07 
$2,611,397 
$2,611,397 
Initiative: 
Provides funding for continued mitigation expenses 
of the Callahan Mine site. 
orHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Island Ferry Service 
0326 
2005-06 
$500,000 
$500,000 
2006-07 
$500,000 
$500,000 
Initiative: 
Provides funding for the collective bargaining cost 
of the Maine 
State Ferry Service. 
Funding 
for 
fiscal 
year 
2005-06 reflects resources transferred from the Marine Highway 
Transportation program. 
Fiscal year 2006-07 funding is provided 
by an anticipated increase in Maine State Ferry Service revenues. 
ISLAND FERRY SERVICES FUND 
Personal Services 
ISLAND FERRY SERVICES FUND TOTAL 
Island Ferry Service 
0326 
2005-06 
$109,253 
$109,253 
2006-07 
$222,165 
$222,165 
Initiative: 
Provides funding for the increased cost of fuel for 
ferry vessels. 
ISLAND FERRY SERVICES FUND 
All Other 
ISLAND FERRY SERVICES FUND TOTAL 
Marine Highway Transportation 
2:016 
2005-06 
$300,000 
$300,000 
2006-07 
$0 
$0 
Ini tiati ve: 
Provides funding for the collective bargaining cost 
of 
the Maine State Ferry Service. 
Funding for fiscal year 
2005-06 reflects resources transferred from the Marine Highway 
Transportation program. 
Fiscal year 2006-07 funding is provided 
by an anticipated increase in Maine State Ferry Service revenues. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
Marine Highway Transportation 
Z016 
2005-06 
$109,253 
$109,253 
2006-07 
$0 
$0 
Initiative: 
Provides funding for the increased cost of fuel for 
ferry vessels. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
Maintenance and Operations 
0330 
2005-06 
$300,000 
$300,000 
2006-07 
$0 
$0 
Ini tiati ve: 
Provides funding for the increased cost of heating 
oil, diesel, salt and plow steel. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
Maintenance and Operations 
0330 
2005-06 
$2,350,954 
$2,350,954 
2006-07 
$0 
$0 
Initiative: 
Reduces 
funds 
due 
to 
a 
reimbursement of Federal 
Emergency Management Agency costs. 
HIGHWAY FUND 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
Maintenance and Operations 
0330 
2005-06 
($374,261) 
($1,069,503) 
($1,443,764) 
Initiative: 
Reduces funds for rental costs 
increase 
in 
Fleet 
Services 
resources 
as 
divestiture of the employee health fund. 
due to a 
a 
result 
HIGHWAY FUND 
2005-06 
2006-07 
$0 
$0 
$0 
one-time 
of 
the 
2006-07 
All Other 
($1, 3l6,443) 
$0 
HIGHWAY FUND TOTAL 
($1,3l6,443) 
$0 
TRANSPORTATION, DEPARTMENT OF 
DEPARTMENT 'l'OTALS 
2005-06 
2006-01 
HIGHWAY FUND 
$2,225,000 
$3,050,000 
OTHER SPECIAL REVENUE FUNDS 
$500,000 
$500,000 
ISLAND FERRY SERVICES FUND 
$409,253 
$222,165 
DEPARTMENT 'l'OTAL -
ALL FUNDS 
$3,134,253 
$3,112,165 
PART B 
Sec. B-1. PL 2005, c. 12, Pt. PPP, §2 is amended to read: 
Sec. PPP-2. Costs to Highway Fund. 
Costs to the Highway Fund 
must be provided in the Salary Plan account referred to in this 
Act to cover the costs to the Highway Fund in the amount of 
$3,704,004 for the fiscal year ending June 30, 
2006 and in the 
amount of $7,594,947 for the fiscal year ending June 30, 2007 to 
implement 
the 
economic 
terms 
of 
the 
collective 
bargaining 
agreements, including market pay adjustments and benefits, made 
by the State and the Maine State Employees Association, American 
Federation of State, County and Municipal Employees aBsL 
Maine 
State 
Troopers 
AssociationT 
and 
Maine 
State 
Law 
Enforcement 
Association, 
and, 
notwithstanding the 
Maine 
Revised Statutes, 
Title 26, section 979-D, subsection 1, paragraph E, subparagraph 
(3), for confidential employees. 
PARTC 
Sec. C-l. 23 MRSA §4210-C, sub-§2, as enacted by PL 2005, c. 
457, Pt. GGG, §3, is amended to read: 
2. 
Purpose of account. 
The purpose of the account is to 
allow the Highway Fund to provide support to the Maine State 
Ferry Service that was previously provided by the General Fund 
because ferries are an integral part of the highway system and 
carry 
motor 
vehicles 
and 
are 
the 
only 
method 
of 
vehicular 
transportation available to 
and 
from 
the islands. 
The state 
support to the Marine Highway account may not exceed 
50~o of the 
budgeteJ;L~enues that support the operating cost of the Maine 
State Ferry Service. 
PARTD 
Sec. D·l. Transfer of Highway Fund unallocated balance; capital 
program needs; Department of Transportation. 
Notwithstanding the 
Maine 
Revised Statutes, Title 
5, 
section 1585 
or 
any other 
prov1S1on of law, 
at the close of fiscal years 
2005-06 
and 
2006-07, the State Controller shall transfer amounts exceeding 
$1,000,000 from the unallocated balance in the Highway Fund after 
the deduction of all allocations, 
financial commitments, other 
designated funds or any other transfer authorized by statute and 
the fiscal year 2005-06 unallocated balance dedicated to the 
fiscal year 2006-07 budgets to the Department of Transportation 
for capital needs in the Highway and 
Bridge Improvement 
and 
Maintenance 
and 
Operations 
programs. 
The 
Commissioner 
of 
Transportation is authorized to allot these funds by financial 
order upon the recommendation of the State Budget Officer and the 
approval of the Governor. 
Wi thin 30 days of approval of the 
financial order, the Commissioner of Transportation shall provide 
to the members of the joint standing committee of the Legislature 
having 
jurisdiction 
over 
transportation 
matters 
a 
report 
detailing 
the 
financial 
status 
of 
the 
department's 
capital 
program. 
PARTE 
Sec. E·l. 
Transfer authorized. 
Notwithstanding 
the 
Maine 
Revised Statutes, Title 5, section 1585 or any other provision of 
law, for the fiscal years ending June 30, 2006 and June 30, 2007 
the Commissioner of Transportation is authorized to transfer, by 
financial 
order 
upon 
the 
recommendation of 
the State Budget 
Officer and approval of the Governor, 
identified Highway Fund 
Personal Services savings to any other program or line category 
within the 
Highway Fund to 
fund capital program needs. 
The 
financial order must identify the specific savings in Personal 
Services after assuming all costs 
for that program including 
collecti ve bargaining costs. 
The Commissioner of Transportation 
shall provide a report by September 15, 2006 and September 15, 
2007 
to the members 
of the joint standing committee of the 
Legislature 
having 
jurisdiction 
over 
transportation 
matters 
detailing the financial adjustments to the Highway Fund. 
PARTF 
Sec. 
F·1. 
Transfer 
of 
Personal 
Services 
allocations. 
Notwithstanding the Maine Revised Statutes, Title 5, section 1585 
or any other provision of law, available balances of Highway Fund 
allocations for Personal Services in fiscal years 2005-06 and 
2006-07 may be transferred by financial order between programs 
and 
departments 
wi thin the Highway Fund upon recommendation of the State 
Officer 
and 
approval 
of 
the 
Governor 
to 
be 
used 
for 
associated 
with 
collective 
bargaining 
agreements 
for 
employees. 
Budget 
costs 
state 
PARTG 
Sec. G·l. Bond Retirement . Highway Fund; lapsed balances . 
Notwithstanding 
any 
other 
provision 
of 
law, 
$2,222 
of 
the 
unencumbered 
balance 
in 
fiscal 
year 
2004-05 
in 
the 
Bond 
Retirement 
Highway 
Fund 
account 
in 
the 
Department 
of 
Transportation lapses to the unallocated surplus in the Highway 
Fund in fiscal year 2005-06. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
Part A 
Part 
A 
makes 
supplemental 
allocations 
for 
fiscal 
years 
2005-06 and 2006-07. 
Part B 
Part B adds the Maine State Law Enforcement Association to 
the bargaining units authorized to access funding in the Highway 
Fund 
Salary 
Plan 
account 
to 
implement 
economic 
terms 
of 
collective bargaining agreements for fiscal years ending June 30, 
2006 and June 30, 2007. 
Part C 
Part 
C limits 
the state support 
to 
the 
Marine 
Highway 
account 
to 
50% 
of 
the 
budgeted 
revenues 
that 
support 
the 
operating cost of the Maine State Ferry Service. 
Part D 
Part 
D transfers 
amounts 
exceeding 
$1,000,000 
from 
the 
unallocated balance in the Highway Fund after the deduction of 
all allocations, financial commitments, other designated funds or 
any other transfer authorized by statute to the Department of 
Transportation 
for 
capital 
needs 
in the 
Highway 
and 
Bridge 
Improvement and Maintenance and Operations programs. 
Part E 
Part E transfers identified Highway Fund Personal Services 
savings to any other program or line category within the Highway 
Fund to fund capital program needs. 
Part F 
Part F authorizes available Personal Services balances in 
the Highway Fund accounts to be transferred between programs and 
departments wi thin the fund by financial order to be used for 
collective bargaining agreement costs. 
Part G 
Part G lapses $2,222 of the unencumbered balance in fiscal 
year 2004-05 in the Bond Retirement -
Highway Fund account in the 
Department of Transportation to the unallocated surplus in the 
Highway Fund in fiscal year 2005-06. 
FISCAL .\OTI RH,.!l Ifni' 
(See attached) 
HIGHWAY FUND 
Part A, Section 1 
Part G, Section 1 
Transportation, Department of 
FISCAL NOTE 
ALLOCATIONS 
2005-06 
3,159,141 
Total 
3,159,141 
ADJUSTMENTS TO BALANCE 
Highway Fund Unallocated Surplus 
2005-06 
2,222 
Total 
2,222 
2006-07 
BIENNIUM 
3,693,136 
6,852,277 
3,693,136 
6,852,277 
2006-07 
BIENNIUM 
2,222 
2,222