An Act To Dedicate Surplus Transportation Funds to Highway Maintenance and Paving
Maine Legislature, Session 124, LD 1501
Committee: Transportation
Sponsors: COURTNEY

Legislative Document 
No.lS0l 
S.P.579 
In Senate, December 8, 2009 
An Act To Dedicate Surplus Transportation Funds to Highway 
Maintenance and Paving 
(EMERGENCy) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 8, 2009. Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator COURTNEY of York. 
Printed on recycled paper 
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JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves 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 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: 
Sec. 1. 23 MRS A §1654, as amended by PL 1985, c. 737, Pt. B, §21, is repealed 
and the following enacted in its place: 
§1654. Transfers from unallocated Highway Fund surplus 
At the close of each fiscal year, the State Controller shall transfer to the Department 
of Transportation Highway and Bridge Light Capital program for maintenance paving the 
uncommitted balance in the Highway Fund unallocated surplus account. The amount 
transferred to this program, when added to previous allocations to the program for the 
fiscal year in which the uncommitted balance is transferred, may not exceed an amount 
necessary to perform maintenance paving at a rate of 600 miles per year as calculated by 
the Department of Transportation and reported to the State Controller. Any excess 
transfers to the Highway and Bridge Light Capital program must be transferred to the 
Department of Transportation Highway and Bridge Capital and Maintenance and 
Operations programs for capital needs. The Commissioner of Transportation may allot 
these funds by financial order upon the recommendation of the State Budget Officer and 
the approval of the Governor. The transferred· amounts are considered adjustments to 
allocations. Within 30 days after approval of the financial order, the Commissioner of 
Transportation shall provide to the joint standing committee of the Legislature having 
jurisdiction over transportation matters a report detailing the financial status of the 
department's capital programs. 
For the purposes of this section, "uncommitted balance in the Highway Fund 
unallocated surplus account" or "uncommitted balance" means the amount remaining in 
the account at the close of the fiscal year after the deduction of all allocations, budgeted 
financial commitments and adjustments considered necessary by the State ControlIer. 
The State Controller shall include in the State Controller's official annual financial 
report at the close of each fiscal year a statement showing all transfers made from the 
Highway Fund unallocated surplus account for the fiscal period. 
Sec. 2. PL 2009, c. 413, Pt. G is repealed. 
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Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Highway and Bridge Capital 0406 
Initiative: Transfers the adjustment to allocation resulting from the transfer of the fiscal 
year 2008-09 uncommitted surplus in excess of $500,000 from the Highway and Bridge 
Capital program to the Highway and Bridge Light Capital program to be used to support 
maintenance paving. 
HIGHWAY FUND 
Capital Expenditures 
HIGHWAY FUND TOTAL 
2009-10 
($142,259) 
($142,259) 
2010-11 
$0 
$0 
Highway and Bridge Light Capital Z095 
Initiative: Transfers the adjustment to allocation resulting from the transfer of the fiscal 
year 2008-09 uncommitted surplus in excess of $500;000 from the Highway and Bridge 
Capital program to the Highway and Bridge Light Capital program to be used to support 
maintenance paving. 
HIGHW AY FUND 
Capital Expenditures 
HIGHWAY FUND TOTAL 
TRANSPORTATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
IDGHWAYFUND 
DEPARTMENT TOTAL-ALL FUNDS 
2009-10 
$142,259 
$142,259 
2009-10 
$0 
$0 
2010-11 
$0 
$0 
2010-11 
$0 
$0 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires the transfer of the uncommitted balance in the Highway Fund 
unallocated surplus account to the Department of Transportation Highway and Bridge 
Light Capital program for maintenance paving. The amount transferred to this program, 
when added to previous allocations to the program for the fiscal year, may not exceed an 
amount necessary to perform maintenance paving at a rate of 600 miles per year as 
calculated by the Department of Transportation and reported to the State Controller. Any 
remaining uncommitted balance must be transferred to the Department of Transportation 
Highway and Bridge Capital and Maintenance and Operations programs for capital needs. 
This bill also includes a one-time Highway Fund deallocation of $142,259 to the 
Department of Transportation Highway and Bridge Capital program and a corresponding 
one-time Highway Fund allocation to the Department. of Transportation Highway and 
Bridge Light Capital program, to transfer the adjustment to allocation resulting from the 
uncommitted balance in the Highway Fund unallocated surplus account at the end of 
fiscal year 2008-09. 
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