An Act To Amend the Laws Governing the Maine Turnpike Authority and To Implement Certain Recommendations of the Government Oversight Committee in the Office of Program Evaluation and Government Accountability Report Concerning the Maine Turnpike Authority
Maine Legislature, Session 125, LD 1538
Committee: Transportation
Sponsors: CEBRA, COLLINS, BLACK, BURNS, CHASE, COTTA, CRAFTS, CURTIS, CUSHING, DAMON, DAVIS, FLOOD, FOSSEL, FOSTER, FREDETTE, GIFFORD, GILLWAY, HOGAN, JOHNSON, KESCHL, KNIGHT, LIBBY, LONG, MAZUREK, NEWENDYKE, NUTTING, O'CONNOR, OLSEN, PARRY, PEOPLES, PLUMMER, SANDERSON, THERIAULT, TILTON, VOLK, WEAVER, WILLETTE, WINSOR, COURTNEY, DIAMOND, HILL, KATZ, MASON, PLOWMAN, RAYE, THOMAS, TRAHAN, WHITTEMORE
Amends: 5 MRSA §12004-F, 23 MRSA §1961, 23 MRSA §1965, 23 MRSA §1964, 23 MRSA §1964-A, 23 MRSA §1966, 23 MRSA §1977, 23 MRSA §1980

Legislative Document 
No. 1538 
H.P. 1130 
House of Representatives, May 3, 2011 
An Act To Amend the Laws Governing the Maine Turnpike Authority and 
To Implement Certain Recommendations of the Government Oversight 
Committee in the Office of Program Evaluation and Government 
Accountability Report Concerning the Maine Turnpike Authority 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205. 
Reference to the Committee on Transportation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CEBRA of Naples. 
Cosponsored by Senator COLLINS of York and 
Representatives: BLACK of Wilton, BURNS of Whiting, BURNS of Alfred, CHASE of Wells, 
COTTA of China, CRAFTS of Lisbon, CURTIS of Madison, CUSHING of Hampden, DAMON of 
Bangor, DAVIS of Sangerville, FLOOD of Winthrop, FOSSEL of Alna, FOSTER of Augusta, 
FREDETTE of Newport, GIFFORD of Lincoln, GILLWAY of Searsport, HOGAN of Old Orchard 
Beach, JOHNSON of Greenville, KESCHL of Belgrade, KNIGHT of Livermore Falls, LIBBY of 
Waterboro, LONG of Sherman, MAZUREK of Rockland, McCLELLAN of Raymond, NEWENDYKE 
of Litchfield, Speaker NUTTING of Oakland, O'CONNOR of Berwick, OLSEN of Phippsburg, 
PARRY of Arundel, PEOPLES of Westbrook, PLUMMER of Windham, SANDERSON of Chelsea, 
THERIAULT of Madawaska, TILTON of Harrington, VOLK of Scarborough, WEAVER of York, 
WILLETTE of Mapleton, WINSOR of Norway, Senators: COURTNEY of York, DIAMOND of 
Cumberland, HILL of York, KATZ of Kennebec, MASON of Androscoggin, PLOWMAN of 
Penobscot, President RAYE of Washington, THOMAS of Somerset, TRAHAN of Lincoln, 
WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-F, sub-§4, as enacted by PL 1987, c. 786, §5, is 
amended to read: 
4.   
Sec. 2.  23 MRSA §1961, sub-§2, as amended by PL 1995, c. 504, Pt. C, §1, is 
further amended to read: 
2.  Cooperation with the Department of Transportation.  The Department of 
Transportation must be provided each year the operating surplus of the Maine Turnpike 
Authority.  The Maine Turnpike Authority authority may issue bonds or other obligations 
to pay for Department of Transportation department projects.  These amounts are 
considered necessary for use by the department for construction, reconstruction, operation 
and maintenance of all roads on the state highway system, which serve and benefit users 
of the turnpike by providing direct and indirect access to and from the turnpike as part of 
the integrated highway system.  Due to the utilization of the state highway system by 
users of the turnpike, the turnpike and its users have received and will continue to receive 
a benefit from, or have caused and will continue to cause, or both, the State acting by and 
through the Department of Transportation department to incur costs for the construction, 
operation and maintenance of the state highway system, which provides direct and 
indirect access to and from the turnpike to areas in the State for which the State may 
properly be and should be compensated from the tolls to be collected.  The Maine 
Turnpike Authority should authority must be maintained to carry out the purposes of this 
chapter in cooperation with the Department of Transportation department. 
Sec. 3.  23 MRSA §1961, sub-§6, as amended by PL 1995, c. 613, §1 and 
affected by §7, is further amended to read: 
6.  Appropriation.  On or before January 31st of each year, the authority shall 
present to each regular session of the Legislature for its approval a budget for the 
operating expenses of the authority for the calendar year that begins after the adjournment 
of that regular session and the authority's revenue fund budget for the next fiscal year of 
the authority.  The authority shall present to each regular session of the Legislature for 
informational purposes a statement of the revenues necessary for to fund capital 
expenditures and reserves, and to meet the requirements of any resolution authorizing 
bonds of the authority during that calendar the authority's current bond resolution for the 
next fiscal year of the authority, including debt service and the maintenance of reserves 
for debt service and reserve maintenance.  The authority shall present a detailed budget of 
expenditures from the authority's reserve maintenance fund and shall include 
cross-references to show the total of similar expense categories that are included in both 
the revenue and reserve maintenance funds.  The authority may only pay operating 
expenses in accordance with allocations approved by the Legislature or as necessary to 
satisfy the requirements of any resolution authorizing bonds of the authority.  The 
Maine Turnpike Authority, 
Board of Directors 
Legislative Per Diem 
MRSA §1965
1964-A
operating surplus must be transferred to the Department of Transportation and expended 
in accordance with allocations approved by the Legislature. 
Sec. 4.  23 MRSA §1961, sub-§7 is enacted to read: 
7.  Funds for department projects.  On or before September 1st of each year, 
commencing on September 1, 2013, the authority shall transfer to the department an 
amount equal to 5% of operating revenues for the preceding fiscal year of the authority.  
From the amount to be transferred, the authority shall deduct the amounts spent by the 
authority during its preceding fiscal year on department projects, on purchases or leases 
of transportation infrastructure from the department, on bonds issued for the benefit of the 
department and on transportation projects funded jointly with the department. 
Amounts transferred pursuant to this subsection may be spent by the department only on 
projects located within 25 highway miles of an interchange or other connecting point 
between the turnpike and the state highway system.  No later than 30 days following the 
end of each state fiscal year, the department shall provide a public accounting of how 
authority funds were spent during that year to the authority. 
Sec. 5.  23 MRSA §1964, sub-§§2-A and 2-B are enacted to read: 
2-A.  Away agency.  "Away agency" means a tolling authority in a jurisdiction other 
than the State that imposes an administrative fee or a civil liability on the registered 
owner of a vehicle whose operator fails to pay a required toll for the use of a highway, 
bridge or tunnel. 
2-B.  Board.  "Board" means the board of directors of the authority established 
pursuant to section 1964-A. 
Sec. 6.  23 MRSA §1964, sub-§4-B is enacted to read: 
4-B.  Fiscal year of the authority.  Prior to July 1, 2013, "fiscal year of the 
authority" means the calendar year.  Beginning July 1, 2013, "fiscal year of the authority" 
means the period from July 1st of each calendar year to June 30th of the subsequent 
calendar year. 
Sec. 7.  23 MRSA §1964, sub-§6-A, as amended by PL 1995, c. 613, §2 and 
affected by §7, is repealed. 
Sec. 8.  23 MRSA §1964, sub-§§7-A and 7-B are enacted to read: 
7-A.  Reserve maintenance fund.  "Reserve maintenance fund" means a fund 
established by a resolution authorizing bonds of the authority to pay certain insurance 
premiums and other perennial costs including projects for maintenance, rehabilitation and 
repair as recommended by the consulting engineer appointed by the authority, but not 
including costs for new capital construction, reconstruction or expansion of the turnpike. 
7-B.  Revenue fund.  "Revenue fund" means a fund established by a resolution 
authorizing bonds of the authority as the initial depositary for all operating income of the 
turnpike; operating expenses are paid from the revenue fund before further transfers are 
made to funds for debt service, reserve maintenance and general reserves. 
Sec. 9.  23 MRSA §1964-A is enacted to read: 
§1964-A.  Board of directors 
The authority is managed by a board of 7 members.  Except for the member from the 
department who serves ex officio, all members are appointed by the Governor subject to 
review by the joint standing committee of the Legislature having jurisdiction over 
transportation matters and to confirmation by the Senate. 
1.  Qualifications.  The 7 members of the board are as follows: 
A.  The Commissioner of Transportation or the commissioner's designee from within 
the department, who serves ex officio; 
B.  Four members, one each from a municipality through which the turnpike passes 
from each of York, Cumberland, Androscoggin and Kennebec counties who serves as 
the representative from the county in which the member resides; and 
C.  Two at-large members who are residents of the State. 
2.  Term.  Each appointed member holds office for 7 years or until a qualified 
successor has been confirmed.  Each term expires on March 31st of the last year of the 
term.  The terms of the appointed members must be staggered so that no more than one 
term expires in any given year. 
3.  Vacancy.  A member's term is vacated if the member dies, resigns, becomes 
incapacitated, is removed for cause or no longer meets a requirement under which the 
member was appointed.   By majority vote of the remaining members, the board may 
declare and bring to the Governor's attention any circumstances creating a vacancy.  
When a vacancy occurs, the Governor may appoint a member to serve only for the 
unexpired portion of the term vacated. 
4.  Removal.  The Governor may remove a member from the board only for gross 
misconduct.  For purposes of this subsection, "gross misconduct" means financial 
malfeasance, a deliberate or reckless failure to attend to duties required for governance of 
the authority or unexcused absences from 4 or more meetings of the board in a 12-month 
period. 
5.  Chair.  The Governor may appoint the chair from among members appointed to 
the board.  In the absence of such appointment or if the position of chair is vacated, the 
board may elect a chair from among the members of the board.  The chair must be 
appointed or elected for a one-year term at the board's annual meeting. 
6.  Annual meetings; quorum; action.  The board shall convene annually at a 
meeting held in September and more often as determined by the chair. Four members of 
the board constitute a quorum.  Four votes are required to act on any matter, although a 
lesser number may adjourn a meeting. 
7.  Compensation.  Appointed members of the board are compensated in accordance 
with Title 5, section 12004-F, subsection 4. 
8.  Executive director.  At its annual meeting each September, the board shall 
appoint or reappoint an executive director who is not a member of the board.  An 
executive director's first appointment is subject to review by the joint standing committee 
of the Legislature having jurisdiction over transportation matters and to confirmation by 
the Senate. 
9.  Secretary and treasurer.  At its annual meeting each year, the board shall elect a 
secretary and a treasurer, who may be the same person and need not be a member of the 
board.  The secretary and treasurer are responsible in their respective capacities directly 
to the board and may be relieved of their duties only by the board.  Before the issuance of 
any bonds under this chapter, the secretary and the treasurer shall each execute a security 
bond in the penalty of $50,000.  Each security bond must be approved by the Attorney 
General and conditioned upon the faithful performance of the duties of the secretary and 
treasurer.  The bond must be filed in the office of the State Auditor. 
10.  Internal auditing.  The board shall maintain a system for ongoing internal 
auditing of the authority's books and accounts and for compliance with the authority's 
financial policies and controls.  The treasurer shall report directly to the board at least 
quarterly on the findings of the internal audit. 
Sec. 10.  23 MRSA §1965, as amended by PL 2007, c. 270, §1, is further amended 
to read: 
§1965.  Maine Turnpike Authority; powers 
1.  Powers.  The Maine Turnpike Authority, as created by Private and Special Law 
1941, chapter 69 and as authorized by Title 5, section 12004-F, subsection 4, is and shall 
continue continues to be a body both corporate and politic in the State and may: 
A.  Sue and be sued; 
B.  Have a seal and alter the seal at pleasure; 
C.  Adopt from time to time and amend bylaws covering its procedure and rules 
governing use of the turnpike and any of the other services made available in 
connection with the turnpike; develop and adopt, in accordance with the Maine 
Administrative Procedure Act, Title 5, chapter 375, rules governing the use of the 
turnpike and other services; publish those bylaws, rules as publication is necessary or 
advisable; and cause records of its proceedings to be kept; 
D.  Construct, maintain, reconstruct and operate a toll turnpike from a point at or near 
Kittery in York County to a point at or near Augusta in Kennebec County, except that 
the traveled way may not be widened or expanded beyond 3 lanes for each direction 
of travel from the southern terminus of the turnpike to mile marker 53 and beyond 2 
lanes for each direction of travel elsewhere on the turnpike without the express 
approval of the Legislature. 
Except as provided in section 1965-A, a license, permit or approval necessary for the 
widening or expansion of the turnpike may not be issued by any state agency unless 
that agency makes an affirmative finding that the widening or expansion is consistent 
with state transportation policy, as established in section 73, as well as rules 
implementing that policy; 
D-1.  Construct, acquire, install, maintain and reconstruct communications facilities 
and equipment within the boundaries of the turnpike for the use of the authority, the 
use of others or both on such terms and conditions as the authority may determine; 
E.  Acquire, hold and dispose of personal property for its purposes; 
F.  Acquire in the name of the authority by purchase, eminent domain, lease or 
otherwise, real property and rights or easements therein deemed determined by it 
necessary or desirable for its purposes, and use that property; 
G.  Acquire any such real property by the exercise of the power of eminent domain in 
the manner provided by section 1967; 
H.  Charge and collect fees, fares and tolls for the use of the turnpike and other 
services made available in connection with the turnpike and use the proceeds of such 
fees, fares and tolls for the purposes provided in this chapter, both as subject to and in 
accordance with such agreement with bondholders as may be made as provided in 
this chapter; 
I.  Make contracts with the United States or any instrumentality or agency of the 
United States, another state or any instrumentality, municipality or agency of another 
state, including multi-state entities composed of other state agencies, this State or any 
of its agencies or instrumentalities, municipalities, public corporations, or bodies 
existing therein, private corporations, partnerships, associations and individuals; 
J.  Accept grants and the cooperation of the United States or any agency thereof in the 
construction, maintenance, reconstruction, operation and financing of the turnpike 
and do any and all things necessary in order to avail itself of that aid and cooperation 
and repay any such grant or portion thereof; 
J-1.  Provide Contract with other public agencies and political subdivisions of the 
State to provide maintenance services on connecting interstate highways for a 
maximum road distance of 5 miles from the point of connection with the turnpike and 
only in accordance with reimbursement arrangements that are mutually satisfactory to 
the authority and the department; 
K.  Employ such assistants, agents and servants, engineering, traffic, architectural and 
construction experts and inspectors and attorneys and such other employees as it 
deems considers necessary or desirable for its purposes; 
L.  Exercise any of its powers in the public domain of the United States, unless the 
exercise of those powers is not permitted by the laws of the United States; 
M.  Borrow money, make, issue and sell at public or private sale negotiable notes, 
bonds and other evidences of indebtedness or obligations of the authority for the 
purposes set forth in this chapter and secure the payment of that obligation or any part 
thereof by pledge of all or any part of the operating revenues of the turnpike; 
N.  Enter into loan or security agreements with one or more lending institutions, 
including, but not limited to, banks, insurance companies and pension funds, or 
trustees for those institutions for purposes  for which bonds may be issued and to 
exercise with respect to such loan or security agreements all of the powers delineated 
in this chapter for the issuances of bonds; 
O-1.  Provide for an annual amount not to exceed a maximum of $4,700,000 to 
secure obligations issued pursuant to section 1968, subsection 2-A or to pay 
principal, interest or premium, if any, with respect to these obligations, after money 
has been set aside or adequate provision has been made to pay operating expenses 
and to meet the requirements of any resolution authorizing revenue bonds of the 
authority; 
O-2.  Make a contract or enter into an agreement with or provide certifications and 
assurances to the Department of Transportation, or any other 3rd party, necessary in 
connection with the determination of Department of Transportation projects, the 
issuance of bonds or other obligations pursuant to section 1968, subsection 2-A, the 
pledge of revenues to the payment of these bonds or obligations or the payment of the 
costs or a portion of the costs of Department of Transportation projects; 
P.  Provide from revenues to or for the use of the department funds for the 
maintenance, construction or reconstruction of interchanges determined pursuant to 
section 1974, subsection 3, for which the authority has not otherwise provided; 
Q.  Use toll revenues to provide payment of obligations, if any, as may be due to the 
United States in order to continue the use of the turnpike as a toll type facility; 
S.  Prior to the issuance of any bonds, issue interim certificates in such manner and 
with such conditions as the authority may determine to be exchanged for those bonds 
when issued; 
S-1.  Utilize the Department of Transportation, Office of Legal Services or the 
Department of the Attorney General for general counsel, bond counsel, labor defense, 
workers' compensation, legislative issues and other required legal services on a 
fee-for-service basis at rates determined by those agencies; 
T.  Take all other lawful action necessary and incidental to these powers; 
U.  Adopt rules, in accordance with the Maine Administrative Procedure Act, to 
establish a logo signing program on the turnpike.  The authority may charge fees for 
signs that contain names, symbols, logos or other indentifiers of specific commercial 
enterprises.  This paragraph may not be interpreted as limiting the authority's general 
power to collect fees under paragraph H; and 
V.  Develop programs whereby a patron of the turnpike who uses the authority's 
electronic toll collection system, as defined in section 1980, subsection 2-A, 
paragraph B, may elect to use the patron's electronic toll collection system device to 
pay for services other than tolls for the use of the turnpike, whether those services are 
provided by the authority itself or 3rd parties, and allow the patron to participate in 
similar programs developed by other tolling authorities.; and 
W.  Provide, receive or exchange services with other political agencies, political 
subdivisions of a state or tolling authorities upon terms beneficial to the authority. 
2.  Membership of the authority.  The membership of the authority shall be as 
follows.  
A.    Members of the authority are appointed by the Governor, subject to review by 
the joint standing committee of the Legislature having jurisdiction over transportation 
and subject to confirmation by the Legislature.  The Commissioner of Transportation 
is a member ex officio.  The Commissioner of Transportation may designate a 
deputy, director, assistant or other officer or employee of the department to represent 
the Commissioner of Transportation at meetings of the authority with full power to 
act and vote on behalf of the Commissioner of Transportation.  Upon the expiration 
of the term of office of any member, the Governor shall appoint a new member who 
serves in office for a term of 7 years and until a successor is duly appointed and 
qualified, and any member of the authority is eligible for reappointment.  In the event 
of a vacancy in the membership of the authority caused by the death, incapacity, 
resignation or removal of a member, the Governor shall appoint a member to fill that 
vacancy only for the unexpired term of office of the member whose death, incapacity, 
resignation or removal created the vacancy, but the newly appointed member may be 
reappointed at the end of the unexpired term in accordance with this subsection.  In 
all events, a member may not be appointed to the authority who is not a resident of 
the State at the time of the appointment and qualification, or who has not been a 
qualified voter in the State for a period of at least one year next preceding the 
appointment. 
A-1.    The authority consists of the Commissioner of Transportation, who is an ex 
officio member, and: 
(1)  Four members appointed by the Governor pursuant to paragraph A.  Three 
members of the authority constitute a quorum and 3 votes are required for the 
authority to act on any matter, although a lesser number may adjourn a meeting; 
(2)  On and after August 1, 2000, 5 members appointed by the Governor pursuant 
to paragraph A.  Three members of the authority constitute a quorum and 3 votes 
are required for the authority to act on any matter, although a lesser number may 
adjourn a meeting; and 
(3)  On and after August 1, 2002, 6 members appointed by the Governor pursuant 
to paragraph A.  After August 1, 2002, 4 members of the authority constitute a 
quorum and 4 votes are required for the authority to act on any matter, although a 
lesser number may adjourn a meeting. 
A-2.  In making appointments under this subsection, the Governor shall ensure that 
after August 1, 2002 or at the earliest opportunity thereafter, the authority includes at 
least one person who is a resident of York County and who is named by the Governor 
as that county's representative on the authority; one person who is a resident of 
Cumberland County and who is named by the Governor as that county's 
representative on the authority; one person who is a resident of Androscoggin County 
and who is named by the Governor as that county's representative on the authority; 
and one person who is a resident of Kennebec County and who is named by the 
Governor as that county's representative on the authority.  A member named to 
represent a certain county ceases to be a member if that person's residency changes to 
another county.  Vacancies created as a result of changes in residency must be filled 
by the Governor as provided for other vacancies in paragraph A. 
B.  Immediately after their appointments, the members of the authority shall enter 
upon their duties.  The Governor shall name one of the appointed members as chair 
of the authority.  The authority shall elect a secretary and a treasurer, who need not be 
members of the authority.  The offices of secretary and treasurer may be held 
simultaneously by the same person. The authority shall elect an executive director or 
general manager who is not a member of the authority.   A vacancy in the authority 
does not impair the right of a quorum of the members to exercise all the rights and 
perform all the duties of the authority. 
C.  Before the issuance of any bonds under this chapter, the secretary and the 
treasurer shall each execute a security bond in the penalty of $50,000.  Each security 
bond must be approved by the Attorney General and must be conditioned upon the 
faithful performance of the duties of the secretary's and treasurer's offices, which 
bond must be filed in the office of the State Auditor.  Each member of the authority is 
entitled to compensation according to the provisions of Title 5, chapter 379.  The 
Governor may remove a member from the authority only for gross misconduct. 
Sec. 11.  23 MRSA §1966, sub-§2, as amended by PL 1997, c. 743, §1, is further 
amended to read: 
2.  Coordination between authority and department on construction or 
reconstruction.  All contracts and agreements relating to the construction Construction 
or reconstruction of the turnpike and the construction or reconstruction of its connecting 
tunnels and bridges, overpasses, underpasses, interchanges and toll facilities must be 
approved by coordinated with the Department of Transportation and the turnpike and 
connecting tunnels and bridges, overpasses, underpasses, interchanges and barriers must 
be constructed or reconstructed under the supervision of the department department and 
performed in a fashion generally consistent with applicable department standards under 
oversight of professional engineers registered in the State.  The department shall 
coordinate with the authority on all department projects that are likely to affect turnpike 
projects and operations. 
Contractors and subcontractors on all authority construction and reconstruction projects 
must be equal opportunity employers and, in connection with contracts in excess of 
$250,000, also pursue in good faith affirmative action programs designed to remedy 
underrepresentation of minorities, women and persons with disabilities.  The authority 
may by rule provide for the enforcement of this requirement.  To the extent practical, the 
authority may use program and technical information developed by and available through 
the Department of Transportation to carry out this subsection. 
All authority construction and reconstruction projects are governed by the prevailing 
wage provisions in Title 26, chapter 15. 
Sec. 12.  23 MRSA §1966, sub-§2-A is enacted to read: 
2-A.  Contracts for goods and services.  Except as otherwise permitted by law, 
contracts for goods and services must be awarded by the authority through a competitive 
procurement process.  The requirement for competitive procurement may be waived: 
A.  By the executive director when the purchase is for $25,000 or less and the 
executive director determines that procurement from a single source is the most 
economical, effective and appropriate means of fulfilling a demonstrated need; 
B.  By the chair of the board when the chair determines that procurement is required 
by a state of emergency; or 
C.  By the board pursuant to a written finding that: 
(1)  Procurement from a single source is the most economical, effective and 
appropriate means of fulfilling a demonstrated need; 
(2)  The service or product is uniquely available from only one source; or 
(3)  Only one known source can meet the authority's needs within the required 
time. 
Sec. 13.  23 MRSA §1966, sub-§2-B is enacted to read: 
2-B.  Contracts for engineering services.  When bond indentures require the 
authority to appoint an engineering consultant who may thereby gain a disproportionate 
advantage when competing for other design and inspection contracts, the authority shall 
adopt policies to mitigate this advantage and promote a fair distribution of the available 
work among qualified competing applicants. 
Sec. 14.  23 MRSA §1977, as amended by IB 1991, c. 1, §9, is further amended to 
read: 
§1977.  Trust funds 
Subject to any agreement with the bondholders, all revenue received from the 
operation of the turnpike after deducting expenditures required for the construction, 
reconstruction, operation and maintenance of the turnpike and for the payment of the 
principal and the interest on the bonds of the authority or otherwise in accordance with 
the provisions thereof, and after deducting the operating surplus amount provided to the 
Department of Transportation department pursuant to section 1961, subsection 7, must be 
held and invested by the authority to establish trust funds for reserve and sinking funds 
for the retirement of bonded indebtedness. 
Sec. 15.  23 MRSA §1980, sub-§2-A, ¶G, as repealed and replaced by PL 2003, 
c. 591, §2, is amended to read: 
G.    The authority shall notify the Secretary of State, who shall, in accordance with 
Title 29-A, section 154, subsection 6, suspend the registration certificate and plates 
issued for the vehicle involved in the alleged failure to pay if a registered owner: 
(1)  Does not dispute a notice of liability and pay the tolls, administrative fees 
and civil penalties as required by paragraph C, subparagraph (4); 
(2)  Does not pay the required tolls, administrative fees and civil penalties within 
days of a final decision of a violation clerk as provided in paragraphs I and J; 
or 
(3)  Does not pay the required tolls, administrative fees and civil penalties within 
days of final adjudication of liability under paragraph K.; or 
(4)  Does not pay the required tolls, administrative fees or civil penalties within 
days of final adjudication of liability by an away agency with whom the 
authority has a reciprocal collection arrangement under subsection 2-C. 
When notifying the Secretary of State under this paragraph, the authority shall send a 
notice by certified mail, return receipt requested, informing the registered owner of 
the pending suspension. 
Sec. 16.  23 MRSA §1980, sub-§2-C is enacted to read: 
2-C.  Reciprocity with away agencies.  The authority may enter into reciprocal 
collection arrangements with away agencies in accordance with this subsection. When an 
away agency certifies with supporting evidence that the operator of a motor vehicle 
registered in this State has failed to pay a toll, the authority may collect the civil penalties 
and tolls properly imposed by the away agency as though those penalties and tolls were 
imposed by the authority if:  
A.  The away agency has its own effective reciprocal procedures for collecting 
penalties and tolls imposed by the authority and does, in fact, reciprocate in collecting 
penalties and tolls of the authority by employing sanctions that include denial of a 
person's right to register or reregister a motor vehicle; 
B.  The penalties, exclusive of tolls, claimed by the away agency against an owner of 
an automobile registered in this State do not exceed $100 for a first violation or $600 
for all pending violations; 
C.  The away agency provides due process and appeal protections to avoid the 
likelihood that a false, mistaken or unjustified claim will be pursued against an 
owner; and 
D.  An owner of an automobile registered in this State may present evidence to the 
away agency or to the authority by mail, telephone, electronic means or other means 
to invoke rights of due process without having to appear personally in the jurisdiction 
where the violation occurred. 
Sec. 17.  Transition; staggered terms; board of directors of the Maine 
Turnpike Authority.  Notwithstanding the Maine Revised Statutes, Title 23, section 
1964-A, subsections 1 and 2, a member of the Maine Turnpike Authority appointed 
pursuant to former Title 23, section 1965, subsection 2 continues as a member of the 
board of directors of the Maine Turnpike Authority until the 7-year term to which that 
member was appointed expires or until the position becomes vacant due to resignation, 
death, incapacity or removal of that member, whichever comes first.  As each position 
becomes vacant, the Governor shall appoint or reappoint a member to a new term of 7 
years or less in such fashion as to complete a rotation that will, as soon as possible, yield 
terms that are staggered to comply with Title 23, section 1964-B, subsections 1 and 2. 
Sec. 18.  Transition; budget of Maine Turnpike Authority.  Notwithstanding 
the Maine Revised Statutes, Title 23, section 1961, subsection 6, on or before January 31, 
2012, the Maine Turnpike Authority shall submit a revenue fund budget for January 1, 
2013 to June 30, 2013.  Beginning in 2013, the authority shall submit its annual budget in 
compliance with Title 23, section 1961, subsection 6. 
SUMMARY 
This bill implements some of the recommendations of the Government Oversight 
Committee in response to the January 2011 report of the Office of Program Evaluation 
and Government Accountability regarding the Maine Turnpike Authority.  This bill does 
the following. 
1.  It requires the authority annually to transfer to the Department of Transportation 
an amount equal to 5% of the authority’s operating revenues, less any funds spent by the 
authority on department projects bonds issued for the benefit of the department and on 
transportation projects funded jointly with the department.  The transferred funds may be 
spent by department only on projects that are within 25 miles of an interchange or other 
connecting point between the turnpike and the state highway system. 
2.  It changes the membership of the Maine Turnpike Authority to a board of 
directors and requires that 4 of the members be from a municipality through which the 
turnpike passes in each of the counties of York, Cumberland, Androscoggin and 
Kennebec.  It also specifies that each 7-year term expires on March 31st of the 7th year.  
Members who are currently on the board retain their membership until the expiration of 
their terms.  It provides that a member may be removed for gross misconduct, which is 
financial malfeasance, a deliberate or reckless failure to attend to duties required for 
governance of the authority or unexcused absences from 4 or more meetings of the board 
in a 12-month period.  It provides for staggered terms of the members so that in any given 
year, at most only one member’s term will expire. 
3.  It requires the authority to maintain a system for ongoing internal auditing of the 
authority's books and accounts and for compliance with the authority's financial policies 
and controls. 
4.  It changes the fiscal year of the authority to coincide with the state fiscal year, July 
1st to June 30th. 
5.  It requires the authority to present a detailed budget of expenditures from the 
authority's reserve maintenance fund and include cross-references to show the total of 
similar expense categories that are included in both the revenue and reserve maintenance 
funds. 
6.  It requires, except in certain specified instances, that contracts for goods and 
services must be awarded by the authority through a competitive procurement process. 
7.  It requires bond indentures to appoint an engineering consultant and requires the 
authority to mitigate any advantage the engineering consultant may have due to this 
position when competing for design and inspection contracts. 
8.  It requires the authority to establish reciprocity agreements with other toll 
collecting authorities for the collection of tolls owed by owners of motor vehicles 
registered in Maine to those other toll collection authorities.