An Act To Hold the Maine Turnpike Authority Accountable for Its Obligation under Maine Law To Transfer Annual Surplus Revenue to the Department of Transportation for Road and Bridge Projects around the State
Maine Legislature, Session 125, LD 0845
Committee: Transportation
Sponsors: HILL, CEBRA, COLLINS, PATRICK, THOMAS, BEAVERS, BICKFORD, HOGAN, THERIAULT, WEAVER
Amends: 23 MRSA §1974-A

Legislative Document 
No. 845 
S.P. 248 
In Senate, March 3, 2011 
An Act To Hold the Maine Turnpike Authority Accountable for Its 
Obligation under Maine Law To Transfer Annual Surplus Revenue 
to the Department of Transportation for Road and Bridge Projects 
around the State 
Reference to the Committee on Transportation suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator HILL of York. 
Cosponsored by Representative CEBRA of Naples and 
Senators: COLLINS of York, PATRICK of Oxford, THOMAS of Somerset, Representatives: 
BEAVERS of South Berwick, BICKFORD of Auburn, HOGAN of Old Orchard Beach, 
THERIAULT of Madawaska, WEAVER of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §1974-A is enacted to read: 
§1974-A.  Revenues for the Department of Transportation 
Pursuant to section 1961, subsection 2, the authority shall authorize any operating 
surplus of the turnpike to be transferred each year to the department for the costs of 
construction, reconstruction, operation and maintenance of state and state aid highways. 
1.  Report.  Before January 15th of each year, the authority shall submit a report to 
the joint standing committee of the Legislature having jurisdiction over transportation 
matters on the level and proper determination of operating surplus provided to the 
department each year under this section. 
2.  Failure to provide operating surplus; Attorney General.  The Attorney 
General, upon the Attorney General’s own initiative or upon petition of the 
Commissioner of Transportation or of 50 or more residents of the State, shall investigate 
an allegation that the authority has failed to comply with the requirements of this section. 
Sec. 2.  Maine Turnpike Authority; report to the Legislature.  The Maine 
Turnpike Authority shall submit a report to the Joint Standing Committee on 
Transportation no later than January 15, 2012 regarding the amount of operating surplus 
provided to the Department of Transportation annually after December 31, 1999 
according to the Maine Revised Statutes, Title 23, section 1961.  The report must include, 
but is not limited to, a detailed explanation and financial accounting information for the 
years in which an operating surplus did not occur.  After reviewing the report, the joint 
standing committee may submit a bill to the Second Regular Session of the 125th 
Legislature concerning the subject matter of the report. 
SUMMARY 
Under current law, the Maine Turnpike Authority is required to transfer any operating 
surplus of the Maine Turnpike each year to the Department of Transportation.  
"Operating surplus" means the total annual operating revenues of the authority, after 
money has been put aside to pay reasonable operating expenses, to pay or to reserve for 
capital expenditures and to meet the requirements of any resolution authorizing bonds of 
the authority.  This bill directs the authority to submit an annual report to the joint 
standing committee of the Legislature having jurisdiction over transportation matters 
regarding the level and proper determination of operating surplus provided to the 
department each year.  This bill also directs the Attorney General to investigate an 
allegation that the authority has failed to provide an operating surplus to the department.  
This bill also directs the authority to submit a one-time report to the committee no later 
than January 15, 2012 regarding the amount of operating surplus provided to the 
department annually after December 31, 1999.  The bill gives the committee the authority 
to submit a bill to the Second Regular Session of the 125th Legislature concerning the 
subject matter of the report.