An Act To Provide Funding for the Highway Fund Biennial Budget (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1487
Committee: Transportation
Sponsors: MAZUREK
Amends: 36 MRSA §2903, 36 MRSA §3203

124th MAINE LEGISLATURE" 
FIRST REGULAR SESSIO:r-~-2009 
Legislative Document 
No. 1487 
H.P.1042 
House of Representatives, June 4,2009 
An Act To Provide Funding for the Highway Fund Biennial Budget 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative MAZUREK of Rockland. 
Cosponsored'by Senator DAMON of Hancock and 
'-77l~ /J1. 7l!tlC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHARD of Old Town, CAREY of Lewiston, HARLOW of Portland, 
HOGAN of Old Orchard Beach, MITCHELL of the Penobscot Nation, PEOPLES of 
Westbrook, THERIAULT of Madawaska. 
Printed on recycled pilper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, certain obligations and expenses incident to the operation of the biennial 
Highway Fund are necessary concurrent with the .commencement of the state fiscal years 
2009-10 and 2010-11; and 
Whereas, the continued operation and sustainability of the Highway Fund IS 
dependent on aciequate funding; and 
Whereas, in the judgrrient of the Leg'islature, these facts create an emergency within 
the meaning oJ the Constitution of Maine and require the following legislation as 
immediately necessary for the preseivation of the public peace, health and safety; now, 
II 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA §2903, sub-§7 is enacted to read: 
7. Surcharge. Beginning Jul-
1, 2009, Ii surcharge must be charged on ·internal 
combustion engine fuel at the rate )f 5¢ per gallon, except that the surcharge does not 
apply to internal combustion engine fuel bought or used for the purpose of propelling jet 
engine aircraft. This surcharge accrues to the Highway Furid to provide funding to the 
Department of Transportation for highway arid bridge capital purposes, except that the 
Treasurer of State shall deposit monthly into the TninsCap Trust Fund established in Title 
30-A, section 6006-G 7.5% of this surcharge. 
This subsection is repealed July 1,20 II. 
., Sec. 2. 36 MRSA §3203, sub-§l, asamended by PL 2007, c. 650, § I, is repealed. 
Sec. 3. 36 MRS A §3203, sub-§4, as amended by PL 2007, c. 538, Pt. L, §2, is 
further amended to read: 
25· 
4. Highway Fund. All taxes and fines collected under this chapter must be credited 
to the Highway Fund, except that beginning July I, 2009 the Treasurer of State shall 
deposit monthly into the TransCap Trust Fund established in Title 30-A, section 6006-G 
7.5% of the excise tax imposed under subsection + I-B. 
Sec. 4. 36 MRS A §3203, sub-§7 is enacted to read: 
7. Surcharge. Beginning July I, 2009, a surcharge must be charged on all suppliers 
of distillates sold, on all retailers of low-energy fuel sold and on all users of special fuel 
used. in this State for each gallon 'of special fuel at the rate of 5¢ per gallon. 
This 
surcharge accrues to the Highway Fund to provide funding to the Department ()f 
Transportation for highway and bridge capital purposes, except that the Treasurer of State 
shall deposit monthly into the TransCap Trust Fund established in Title 30-A, section 
6006-G 7.5%ofthis surcharge. 
This subsection is repealed July I, 20 II. 
Page) -124LR2008(OI)-1 
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Sec. 5. Appropriations and allocations. . The following appropriations and 
allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Highway and Bridge Capital 0406 
Initiative: Provid(::s funding for Capital Expenditures projects. 
HIGHW AY FUND 
Capital pxpenditures 
HIGHWAY FUND TOTAL 
Highway and Bridge Light Capital Z095 
2009-10 
$12,561,894 
$12,561,894 
Initiative: Provides funding for Capital Expenditures projects. 
HIGHW AY FUND 
Capital Expenditures 
HIGHWAY FUND TOTAL 
Urban-Rural Initiative Program 0337 
2009-10 
$21,050,000 
.$21,050,000 
2010-11 
$5,307,482 
$5,307,482 
2010-11 
$22,925,000 
$22,925,000 
Initiative: Replaces'funding to the Urban-Rural Initiative Program that was reduced in the 
Governor's proposed 20 I 0-20 11 ·Highway Fund biennial budget, LD 333. 
HIGHWAY FUND 
All Other 
HIGHWA Y FUND TOTAL 
Urban-Rural Initiative Program 0337 
2009-10 
$0 
$0 
2010-11 
$5,000,000 
$5,000,000 
Initiative: Adjusts funding for the Urban-Rural Initiative Program at the correct 
proportioned rate per the Maine Revised Statutes, Title 23, section 1803-8. 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
2009-10 
$3,582,356 
$3,582,356 
2010-11 
$3,009,018 
$3,009,018 
TRANSPORTATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
HIGHW A Y FUND 
DEPARTMENT TOTAL - ALL FUNDS 
2009-10 
2010-11 
$37,194,250 
$36,241,500 
$37,194,250 
$36,241,500 
Emergency clause. 
In view of the emergency cited in the. preamble, this 
legislation takes effect July 1,2009. 
SUMMARY 
This bill adds a surcharge bf S¢ per gaBon on gaso.fine and. speciaf fileEs. such as . 
diesel, for a period of 2 years, beginning Jury 1, 2009 and ending July T, 2011. The 
surcharge provides funding to the Department of Transportation for highway and bridge 
capital purposes. It also makes technical corrections to the Special Fuel Tax Act ·in the 
Maine Revised Statutes, Title 36. 
FiSCAL :\OTE REQCfRED 
. (See attached) 
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Approved: 06103/09 .%Pac.. 
124thMAINE LEGISLATURE 
LD 14~1' 
LR2008(Ol) 
An Act To Provide Funding for the Highway Fund Biennial Budget 
r 
Net Cost (Savings) 
Highway Fund 
Ap.propriations/!Alfoca·ti'ons 
. Higlmay FW:f:[di 
Revenue 
HighwaY,Fund 
Preliminary Fiscal Impact Statement for Original Bill 
Sponsor: Rep. Mazurek of Rockland 
Committee: Transportation 
Fiscal Note Required: Yes 
Preliminary Fiscal Impact Statement 
2009-10 
2010-11 
Projections 
2011-12 
$0 
$0 
$0 
$37"n94,250-
. $36,241,500 
'$0 
Other Special Revenue Funds 
$37; I9'I4i,25:0; . 
$3,015,750 
$3)6,24! 1,5 Q:Q 
$2,938,500 
$0 
$0 
Fiscal Detail and Notes 
Projections 
2012-13 
$0 
$0 
$0 
$0 
This legislation proposes a,$.05 per gallon surcharge on gasoline and special fuelsbeginning July 1,2009 and ending 
July 1,20 II. Highway Fund revenue is estimated to increase by $37,194,250 in fiscal year 2009-10 and $36,241,500 
in fiscal year 2010-11. Other Special Revenue Funds, which is the portion of this surcharge deposited into the 
TransCap Fund with the Maine Municipal Bond Bank, is estimated to increase by $3,015,750 in fiscal year 2009-10 
and $2,938,500 in fiscal year 20 10-11. These revenue estimates could be impacted by other changes.to the gasoline 
and special fuel rates proposed in the Highway Fund 2010-2011 biennial budget, LD 333. The resulting Highway 
Fund revenue increase has been allocated to the Department of Transportation for highway and, bridge capital projects. 
LR2008(0 1) - Fiscal Note - Page 1 of 1