An Act To
Maine Legislature, Session 125, LD 1538
Committee Amendment CA_A_H354 (House)
Amends: 23 MRSA §1961, 23 MRSA §1964, 23 MRSA §1974, 23 MRSA §1980, 23 MRSA §4206

FIRST REGULAR SESSJON 
COMMITTEE AMEJ;IDMENT "~,, to H.P. 1l30, L.D. 1538, Bill, "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" 
Amend the bill by striking out all of sections 3 and 4 and inserting the following: 
'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 31 st of each year, the authority shall 
present to each regular session of the Legislature for its approval a the authority's revenue 
fund budget for the operating eJtpenses of the authority for the calendar year that begins 
after the adjournment of that regular session and shall present to each regular session of 
the Legislature for informational purposes a statement of the revenues necessary fer 
during the next calendar year to fund capital expenditures and reserves, and to meet the 
requirements of any resolution authorizing bonds of the authority during that caleadar 
year, 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 for the next calendar year and shall include 
cross-references to show the total of similar expense categories that are paid from both 
the revenue and reserve maintenance funds. The authority may only pay revenue fund 
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 operatiag surplus must be traasferred to the Departmeat of Traasportation aad 
e](pended ia accordaace with allocatioas approved by the Legislature. If alterations to the 
authority's revenue fund budget are needed, they must be reported by financial order to 
the joint standing committee of the Legislature having jurisdiction over transportation 
matters. 
Sec. 4. 23 MRSA §1961, sub-§7 is enacted to read: 
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7. Funds for department projects. As part of the budget presented in subsection 6, 
the authority shall allocate funds for department projects in an amount such that the 
3-year rolling average of the allocation equals at least 5% of annual operating revenues. 
All department projects are subject to mutual agreement of the authority and the 
department. ' 
Amend the bill by striking out all of section 6 and inserting the following: 
'Sec. 6. 23 MRSA §1964, sub-§4-A, as enacted by PL 1995, c. 504, Pt. C, §2, is 
amended to read: 
4-A. 
Department project. 
"Department of Transportation project" means the 
rehabilitation, reconstruction or construction of any highway or bridge on the state 
highway system determined by the department and the authority to have a sufficient 
relationship to the public's use of the turnpike in accordance with section 1974, 
subsection 6~ and is a project or allocation to: 
A. Build or improve an interchange; 
B. Maintain, build or improve an access road; 
C. Study or plan a future highway corridor and study related issues; 
D. 
Maintain, build or improve a park and ride lot or other transportation 
infrastructure for all modes of transportation relating to turnpike use; 
E. Purchase, lease or improve highway-related infrastructure; or 
F. Pay debt incurred by the authority for any capital project purpose in paragraphs A 
to E.' 
Amend the bill by striking out all of section 8 and inserting the following: 
'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 as a source to pay for 
turnpike maintenance, turnpike rehabilitation, insurance, emergency repairs of the 
turnpike, remediation of turnpike deficiencies and other perennial costs and selected 
capital projects as recommended by a consulting engineer. 
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 
authority; certain operating expenses, defined by bond resolutions, are paid from the 
revenue fund before further transfers are made to funds for debt service, reserve 
maintenance and general reserves.' 
Amend the bill in section 9 in § 1 964-A in subsection 1 in paragraph B in the first 2 
lines (page 3, lines 12 and 13 in L.D.) by striking out the following: "a municipality 
through which the turnpike passes from each of" 
Amend the bill in section 9 in § 1964-A in subsection 2 in the first line (page 3, line 
in L.D.) by striking out the following: "1" and inserting the following: '.6.' 
Amend the bill in section 9 in § 1 964-A by striking out all of subsection 10 (page 4, 
lines 16 to 19 in L.D.) and inserting the following: 
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COMMITTEE AMENDMENT "A" to H.P. 1130, L.D. 1538 
'10. Compliance audits. In addition to retaining an annual auditor, the board shall 
retain a separate compliance auditor who shall: 
A. 
Periodically monitor the authority's financial operations and management 
controls; 
B. Test selected transactions for policy compliance; 
C. Make quarterly findings directly to the board and to the joint standing committee 
of the Legislature having jurisdiction over transportation matters; 
D. 
Recommend to the board any necessary or advisable improvements to 
management systems, policies or controls; and 
E. Render an annual compliance and management report in conjunction with the 
report of the authority's annual auditor.' 
Amend the bill in section lOin § 1965 in subsection 1 in paragraph 0-2 in the 3rd line 
(page 6, line 14 in L.D.) by striking out the following: "Department of Transportation" 
and inserting the following: 'Department of Transportation department' 
Amend the bill in section lOin § 1965 in subsection 1 in paragraph 0-2 in the last line 
(page 6, line 17 in L.D.) by striking out the following: "Department of Transportation" 
and inserting the following: 'Department of Transportation department' 
Amend the bill in section lOin § 1965 in subsection 1 in paragraph U in the 3rd line 
(page 6, line 33 in L.D.) by striking out the following: "indentifiers" and inserting the 
following: 'indentifiers identifiers' 
Amend the bill by inserting after section 13 the following: 
'Sec. 14. 23 MRS A §1969, sub-§I, ~A, as amended by PL 1995, c. 504, Pt. C, 
§6, is further amended to read: 
A. To the payment of the cost of the construction and reconstruction of the turnpike 
or to the payment to the Department of Transportation of the cost of Department of 
Transportation department projects; 
Sec. 15. 23 MRSA §1974, sub-§6, as enacted by PL 1995, c. 504, Pt. C, §7, is 
amended to read: 
6. 
Revenues to secure special obligation bonds for department projects; 
determination of project eligibility for funding. Subject to the terms and conditions of 
this chapter, the authority may authorize turnpike revenues to be transferred to a trustee 
or agent designated by the authority and that trustee or agent shall hold these revenues in 
trust to secure or to be applied to the payment of obligations issued pursuant to section 
1968, subsection 2-A and as provided for in a resolution authorizing the issuance of these 
bonds or in a related trust indenture or loan or other security agreement. 
The Department of Transportation shall provide the authority with a list of proposed 
Department of Transportation department projects and any other information requested 
by the authority and relating to a project on the list. The Department of Transportation 
and the authority shall determine Department of Transportation department projects that 
are eligible for funding with proceeds from bonds authorized by section 1968, subsection 
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2-A. In making this determination, the department and the authority may consider the 
following factors: 
A. The existing access roads and the state highway system; 
B. 
The traffic impact of the maintenance, construction or reconstruction on the 
existing road network; 
C. The total cost of the state highway system; 
D. The probable change in departmental expenditures resulting from maintenance, 
construction or reconstruction of the project; 
E. The relative number of vehicles using or expected to use the project on the way to 
or from the turnpike; 
F. The road distance or average road distance of the project or portions of the project 
from the nearest entrance to or exit from the turnpike; 
G. The effect that maintenance, construction or reconstruction will have on the flow 
of traffic to, from and on the turnpike and in diverting vehicular traffic off or away 
from the turnpike; 
H. 
The proportionate usage of the state highway system by vehicles using the 
turnpike and vehicles not using the turnpike; 
1. Vehicle classification and travel characteristics; 
J. Origins and destinations of trips; 
K. Fuel type and consumption; 
L. Existing sources of revenue; and 
M. 
Any other factors considered relevant, including, but not limited to, expert 
opinion.' 
Amend the bill by inserting after section 15 the following: 
'Sec. 16. 23 MRSA §1980, sub-§2-B, ~, as amended by PL 2001, c. 473, §1, is 
further amended to read: 
B. A photograph, micro-photograph, videotape or other recorded image prepared for 
enforcement of authority tolls is for the exclusive use of the authority in the discharge 
of its duties under this section. This material is confidential and is not available to 
the public or to any person employed by the authority whose duties do not require 
access to the material. The authority shall make this information available to a law 
enforcement officer upon request and may share this information with other toll 
administrative agencies as provided in section 1982. Except as provided in this 
subsection or as may be necessary to prove a claim for indemnification under 
subsection 2-A, paragraph F or to prosecute a criminal offense, this material may not 
be used in a court in an action or proceeding. ' 
Amend the bill in section 16 in subsection 2-C in paragraph C in the last line (page 
10, line 28 in L.D.) by striking out the following: "and" 
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COMMITTEE AMENDMENT "A" to RP. 1130, L.D. 1538 
Amend the bill in section 16 in subsection 2-C in paragraph D in the last line (page 
10, line 32 in L.D.) by striking out the following: 
"~" and inserting the following: '; and' 
Amend the bill in section 16 in subsection 2-C by inserting after paragraph D the 
following: 
'E. The reciprocal collection arrangement between the authority and the away agency 
provides that each party may charge the other a fee sufficient to cover the costs of 
collection services, including costs incurred by an agency that registers motor 
vehicles.' 
Amend the bill by inserting after section 16 the following: 
'Sec. 17. 23 MRSA §4206, sub-§I, ~N, as amended by PL 2005, c. 277, §2, is 
further amended to read: 
N. 
To make contracts and enter into agreements with and make assurances and 
certifications to the Maine Turnpike Authority, and other 3rd parties, necessary in 
connection with determination of Department of Transportation department projects 
and the issuance of bonds or obligations pursuant to section 1968, subsection 2-A; 
and' 
Amend the bill in section 17 in the 5th line (page 10, line 37 in L.D.) by striking out 
the following: "7-year" and inserting the following: '6-year' 
Amend the bill in section 17 in the 8th line (page 10, line 40 in L.D.) by striking out 
the following: "7" and inserting the following: '6' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment: 
1. Deletes the provisions in the bill that propose to change the fiscal year of the 
Maine Turnpike Authority, which is currently based on the calendar year, to coincide 
with the state fiscal year, July 1st to June 30th; 
2. Provides that any necessary alterations to the authority's revenue fund budget must 
be reported by financial order to the joint standing committee of the Legislature having 
jurisdiction over transportation matters; 
3. 
Deletes the requirement that any funds transferred by the authority to the 
Department of Transportation must be spent by the department on projects that are within 
miles of an interchange or other connecting point between the turnpike and the state 
highway system; 
4. For purposes of the transfer of operating revenues, redefines "Department of 
Transportation project" as "department project" and limits "department project" to a 
project or allocation to: 
A. Build or improve an interchange; 
B. Maintain, build or improve an access road; 
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C. Study or plan a future highway corridor and study related issues; 
D. 
Maintain, build or improve a park and ride lot or other transportation 
infrastructure for all modes of transportation relating to turnpike use; 
E. Purchase, lease or improve highway-related infrastructure; or 
F. Pay debt incurred by the authority for any capital expenditure for any of these 
projects; 
5. Revises the definitions of "reserve maintenance fund" and "revenue fund"; 
6. Changes the term of the board of directors of the Maine Turnpike Authority from 
years to 6 years; 
7. Deletes from the bill the requirement that 4 of the members of the board be from a 
municipality through which the turnpike passes in each of the counties of York, 
Cumberland, Androscoggin and Kennebec and instead requires that 4 of the members be 
from the counties of York, Cumberland, Androscoggin and Kennebec, one from each 
county; 
8. Revises the provision in the bill relating to internal auditing by instead requiring 
that the board of the authority, in addition to retaining an annual auditor, retain a separate 
compliance auditor to periodically monitor the authority's financial operations and 
management controls; 
9. Revises the provision in the bill relating to reciprocity with away agencies by 
specifying that the agreement between the authority and the away agency must provide 
that each party may charge the other a fee sufficient to cover the costs of collection 
services, including costs incurred by an agency that registers motor vehicles; 
10. Clarifies that certain recorded images prepared for the enforcement of authority 
tolls, which are confidential and not available to the public, are also not available to any 
person employed by the authority whose duties do not require access to the material; and 
11. Makes technical changes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05121111 Mac 
LD 1538 
LR 2112(02) 
An Act To Amend the Laws Governing the Maine Turnpike Authority audTo Implement Certain 
Recommendations of the Government Oversight Committee in the Office of Program Evaluation and 
Government Accountability Report Concerning the Maine Turnpike Authority 
Fiscal Note for Bill as Amended by Committee Amendment ;j}, 
Committee: Transportation 
Fiscal Note Required: Yes, 
Fiscal Note 
Current biennium savings - Highway Fund 
Current biennium cost increase - Maine Turnpike Authority 
Fiscal Detail and Notes 
This legislation requires the Maine Turnpike Authority to allocate at least 5% of operating revenues, based upon a 3-
year rolling average, on an annual basis for Department of Transportation-related projects. The department and the 
authority will mutually agree on the projects based upon the criteria in the bill. For the 2012-2013 biennium, the 
authority has projected 5% of revenues at $12.3 million and department-related projects meeting the criteria listed in 
the bill at $22.6 million. 
LR2112(02) - Fiscal Note - Page 1 of 1