An Act To Ensure That the Maine Turnpike Authority Conducts Public Hearings for Construction and Reconstruction Projects and That All Public Records of the Maine Turnpike Authority Are Open for Inspection
Maine Legislature, Session 124, LD 0432
Committee: Transportation
Sponsors: HILL, BOWMAN, CLEARY, CONNOR, HASKELL, MARTIN, WEAVER, WRIGHT, BARTLETT

FIRST REGULAR SESSIOl'-~-2009 
Legislative Document 
No. 432 
H.P.320 
House of Representatives, Febmary 10, 2009 
An Act To Ensure That the Maine Turnpike Authority Conducts 
Public Hearings for Construction and Reconstruction Projects and 
That All Public Records of the Maine Turnpike Authority Are Open 
for Inspection 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative HILL of York. 
Cosponsored by Senator BOWMAN of York and 
, 17/~ 
1?7.,7!lILC~{ 
, MILLICENT M.,MacF ARLAND 
Clerk 
Representatives: CLEARY of Houlton, CONNOR of Kennebunk, HASKELL of Portland, 
MARTIN of Eagle Lake, WEAVER of York, WRIGHT of Berwick, Senator: BARTLETT of 
Cumberland. 
PrilHCtJ 1111 rccydc:t1 paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 
MR.SA §63, as repealed and replaced by PL 2001, c. 158, §1, IS 
amended to read: 
§63. Records of right-of-way division confidential 
The records and correspondence of the right-of-way divisions of the Department of 
Transportation . and the Maine Turnpike Authority relating to negotiations for and 
appraisals of property, pending the final settlement for all claims on the project to which 
they relate, and the records and data of the department and the Maine Turnpike Authority 
relating to engineering estimates of costs on projects to be put out to bid are confidential 
and may not be open for public inspection. The records and correspondence of the right-
of-way divisions relating to negotiations for and appraisals of property must be open for 
public inspection after 9 months following the completion date of the project according to 
the record of the department or authority. Records of claims that have been appealed to 
the Superior Court must be open for public inspection following the award of the court. 
Sec. 2. 23 MR.SA §1961, sub-§5, as enacted by IB 1991, c. 1, §3, is amended to 
read: 
5. Transportation decisions. Transportation planning decisions, capital investment 
decisions and project decisions of the Maine Turnpike Authorjty are governed by and 
must comply with the transportation policy set forth in section 7~ an<i rules implementing 
that policy. 
Prior to any construction or reconstruction project, the authority must 
conduct public hearings that provide municipalities and other political subdivisions of the 
State and members of the public notice of and opportunity to comment on transportation 
planning decisions, capital investment decisions and project decisions. 
SUMMARY. 
This bill provides that all public records, as defined in Maine's freedom of access 
laws, of the Maine Turnpike Authority must be open for public inspection. 
The bill also directs the Maine Turnpike Authority to conduct public hearings that 
give municipalities and other political subdivisions of the State and members of the 
public notice of and opportunity to comment on transportation planning, capital 
investment and project decisions prior to any construction or reconstruction project on the 
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turnpike. 
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