An Act To Require That a State Road Be in Good Condition before Being Turned over to a Municipality
Maine Legislature, Session 123, LD 1018
Committee Amendment CA_A_S56 (Senate)
Amends: 23 MRSA §754

COMMITTEE AMENDMENT" A" to S.P. 335, L.D. 1018, Bill, "An Act To 
Require That a State Road Be in Good Condition before Being Turned over to a 
Municipality" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 23 MRSA §754, sub-§3, as enacted by PL 1999, c. 473, Pt. C, §3, is 
amended to read: 
3. Good condition upon transfer. When the responsibility for maintenance of a 
section of state or state aid highway is to be transferred to a municipality as a result of 
popUlation growth, as determined using the decennial United States census, or the 
municipality meets the definition of a compact or built-up section under section 2, and 
when the municipality is not eligible to opt out of summer maintenance pursuant to 
subsection 2, paragraph C, the department shall prepare a capital and maintenance plan to 
ensure that the section of state or state aid highway is in good repair at the time of 
transfer. The plan must be developed in consultation with the affected municipality. For 
the purpose of this subsection, "good repair" means actions intended to reasonably avoid 
nonroutine maintenance activities for a minimum of 10 years and includes consideration 
of ditching, culverts, major structural defects and pavement condition ratings of 3.3 or 
higher as detennined by the department. This subsectioR applies to a mUflicipalit)' that 
has pFeviously opted oNt of summeF maiNteNaRce PUFSUaHt to subsectioR 2, pamgraph C at 
such poiflt as populatioR grovf1:h makes the mURieipaiit)' iNeligible to opt out.' 
SUMMARY 
This amendment replaces the bill. This amendment modifies a provision of law 
relating to the condition of a state or state aid highway when the responsibility for 
maintenance of that highway is transferred to a municipality in a compact area. The 
amendment provides that when the responsibility for maintenance of a section of state or 
state aid highway is to be transferred to a municipality as a result of population growth, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 335, L.D. 1018 
determined using the decennial United States census, or the municipality meets the 
definition of a compact or built-up section, and when the municipality is not eligible to 
opt out of summer maintenance, the department shall prepare a capital and maintenance 
plan to ensure that the section of state or state aid highway is in good repair at the time of 
transfer. The amendment also removes language limiting application of the provision to 
certain municipalities that have previously opted out of summer maintenance of these 
highways. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/19/07 
~ae 
LD 1018 
LR 68(02) 
An Act To Require That a State Road Be in Good Condition before Being Turned over to a 
Municipality 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Highway Fund 
Requiring that certain state roads must be in good condition before being turned over to a municipality is likely to 
result in increased Highway Fund costs to the Department of Transportation; the amounts will depend on the number 
and condition of any state roads to be transferred. 
LR0068(02) - Fiscal Note - Page 1 of 1