reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7221. Automatic signals; expense; definition

§7221. Automatic signals; expense; definition
The department may require each railroad company operating within this State to install, operate and maintain an automatic signal, gates or other protective device or to require a flagger to be stationed at any highway crossing within this State where, after reasonable notice and hearing, the department decides that public safety requires a signal, gates or other protective device or flagger as a proper measure of protection. Notice and hearing are not required for automatic grade crossing protection funded and installed under the federal program. The expense of installing, operating and maintaining any signal, gates or other protective device or of providing the flagger must be borne by the corporation operating the railroad passing over the crossing to be protected, except that at crossings located on state and state aid highways the expense of installing the signal, gates or other protective device must be apportioned between the corporation and the State in proportions as the department determines. Wherever the term "signal" or "automatic signal" is used in this chapter, it is construed to be an appliance that gives warning of the approach of a train and that is either audible and visible by day and by night, or audible or visible as determined by the department.   [PL 1993, c. 164, §1 (AMD).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW). PL 1993, c. 164, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7222. Crossings designated

§7222. Crossings designated
The Department of Transportation shall designate by general orders, which may be issued without formal notice or hearing, the grade crossings in this State at which, from all points on the highway or other way within 300 feet of these crossings, and on either side of the crossings, measured along the highway or way, a traveler on the way carrying the crossing can have a fair view of an approaching train, engine or car continuously from the time the train, engine or car is 300 feet from the crossing, until it has passed over the crossing, either under existing conditions or by bushes, trees, fences, signboards or encroachments being trimmed, cut down or removed.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7223. Obstructions ordered removed; notice

§7223. Obstructions ordered removed; notice
At every crossing of a highway or other way, except state and state aid highways and a railroad at grade, the municipal officers of the town or unorganized place in which the crossing is located are authorized and required on order of the Department of Transportation to remove embankments and other obstructions within highway limits and to enter on private property and properly trim, cut down, remove or apply chemical treatment to bushes, and from time to time as may be necessary to cut down and remove trees, fences, signboards and encroachments which obstruct the view of an engine, train or car by a traveler at or near any crossing. The department shall cause the same to be done on state and state aid highways. The authority of the department in any order to the municipal officers shall not extend beyond the land bounded on a line from a point 300 feet on either side of any crossing, measured along the highway or other way, and a point 300 feet on either side of any crossing measured along the railroad right-of-way, for the purpose of enabling a traveler on any way, when the traveler is 300 feet or less distant from any crossing, to have a fair view of an approaching train, engine or car from one or more angles continuously from the time the train, engine or car is 300 feet from the crossing until it has passed over the crossing. Entry on private property for the purposes stated shall be only after a 10 days' notice, mailed to the last known address of the property owner, and posting of the notice in a conspicuous place in the municipality.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7224. Expense of removal paid by municipality; partial state reimbursement

§7224. Expense of removal paid by municipality; partial state reimbursement
Within a time as the Department of Transportation by order directs, the municipal officers or county commissioners shall cause the bushes to be cut down and removed, or chemically treated, and shall cause the trees, fences, signboards or other encroachments to be trimmed, cut down or removed and from time to time, as may be ordered by the department, to keep them trimmed, cut down or removed, and the expense shall in the first instance be paid by the municipality where the labor is performed, but, on the filing with the department of proper proof of the payment, 1/2 of any amount shall be repaid by the State to the municipality. The payment shall be paid from the appropriation for the operation of the department. Any expense incurred by the department in applying chemical treatment, or to properly trim, cut down or remove and from time to time, as may be necessary, to keep trimmed, cut down and removed, bushes, trees and signboards, shall be borne by the department.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7225. Damages; municipality and State to share

§7225. Damages; municipality and State to share
If any person claims damages on account of any such act done under sections 7223 and 7224, the person may, within 2 years after the doing of any act, petition the Department of Transportation to assess damages and the department, after reasonable notice to the petitioner and to the interested municipality and, after hearing, shall award a sum as seems proper as damages to be paid by the municipality where the property is located. On proper proof of any payment, the Governor shall cause 1/2 of the payment to be paid by the State to the municipality.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7226. Buildings not removed without owner's consent

§7226. Buildings not removed without owner's consent
Nothing contained in sections 7222 to 7225 authorizes the removal of any building without the consent of the owner.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7227. Applicability to all railroads

§7227. Applicability to all railroads
Except where otherwise expressly specified, sections 7221 to 7226 and section 7228 apply to all railroads operated by steam, electric, diesel-electric, diesel-motor, gasoline-electric or gasoline-motor power and engaged in the transportation of freight or passengers in standard railroad freight or passenger cars.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7228. Railroad company may enter private property

§7228. Railroad company may enter private property
For the purpose of creating and maintaining the fair view mentioned in sections 7221 to 7227 or for the purpose of improving the view at one or more angles, any steam railroad company subject to this chapter may enter on private property and remove any embankment or other obstruction except a dwelling house. The owner of the property is entitled to damages, and may have the damages estimated and paid in a manner provided in chapter 607, and there is the same right of appeal as given in that chapter.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7229. Maintenance charges for private crossings

§7229. Maintenance charges for private crossings
In a municipality in which a private way is crossed by a railroad crossing, the municipal officers may act as agents for a railroad corporation in collecting maintenance and insurance charges from those persons using that crossing. Nothing in this section may authorize a municipality to assess or levy these charges nor to use its taxing power to collect these charges.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7232. Tracks of more than one railroad

§7232. Tracks of more than one railroad
Whenever the Department of Transportation, on an application or petition brought under section 7231, finds that a public way crosses or is crossed by tracks of more than one railroad and the tracks of the railroads are so near together that public safety or convenience requires the work of abolishment, reconstruction, alteration, change or removal to be done under and in compliance with one order, the department shall give notice to all the corporations operating the railroads to appear before it and be heard on the application. After notice and hearing the department shall determine what abolishment, reconstruction, alteration, change or removal, if any, of the crossing shall be made and shall determine by whom the work shall be done and shall apportion the percentage of expense to be borne by the railroad corporations between the corporations in such manner as the department shall deem just and proper.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7233. Order of Department of Transportation; appeals

§7233. Order of Department of Transportation; appeals
The order of the Department of Transportation relating to any matter on which the department may act under the authority of sections 7231 and 7232 shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on the petition was given. Any person aggrieved by the order, who was a party to the proceedings, may appeal from the order to the Superior Court within and for the county in which the way or crossing is located in the manner now provided in section 7202. Any person aggrieved by the decision or judgment of the Department of Transportation in relation to damages for land taken for the purposes of section 7231 may appeal from the decision to the Superior Court to be held in the county where the land is situated, within 30 days after the report of the department is made, which court shall determine the same by a committee of reference if the parties so agree or by a verdict of its jury, and shall render judgment for the damages recovered with costs to the party prevailing in the appeal, but the committee or jury shall not alter the requirements in the report of the department. The appellants shall, when an appeal is taken, include in the complaint a statement setting forth substantially the facts of the case and shall give written notice of the appeal with a copy of the complaint to the opposite party. An appeal may be taken to the law court as in other actions.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7234. Trees near railroad crossings

§7234. Trees near railroad crossings
Whenever the Department of Transportation deems that trees, bushes or other encroachments within the limits of a public way obstruct the view at railroad crossings or where one public way enters another and thereby renders the way dangerous to travelers, it shall cause the removal of the obstructions.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7301. Railroads examined; annual report (REPEALED)

§7301. Railroads examined; annual report
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7302. Certificate of safety for passenger trains (REPEALED)

§7302. Certificate of safety for passenger trains
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7303. Experienced engineer to examine bridges (REPEALED)

§7303. Experienced engineer to examine bridges
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7304. Managers notified when road unsafe (REPEALED)

§7304. Managers notified when road unsafe
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7305. Court proceedings for noncompliance (REPEALED)

§7305. Court proceedings for noncompliance
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7306. Passenger trains prohibited from running over unsafe roads (REPEALED)

§7306. Passenger trains prohibited from running over unsafe roads
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7307. Crossings and bridges (REPEALED)

§7307. Crossings and bridges
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7308. Safety provisions (REPEALED)

§7308. Safety provisions
(REPEALED)
SECTION HISTORY
PL 1989, c. 398, §9 (NEW). PL 2013, c. 36, §12 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7309. Orders of the commissioner

§7309. Orders of the commissioner
The Superior Court is given full jurisdiction to enforce compliance with any order issued by the Commissioner of Transportation under this chapter. It shall be the duty of the commissioner to see that the rights of the public under this subchapter are fully protected.   [PL 1989, c. 398, §9 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §9 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7310. Prior orders and rules effective

§7310. Prior orders and rules effective
All rules, orders and decrees in effect prior to October 24, 1977, which were issued by the Public Utilities Commission pursuant to the provisions in former Title 35, which provisions are embraced in this subchapter, shall remain in full force and effect until the Commissioner of Transportation has acted pursuant to applicable provisions of this subchapter.   [PL 1989, c. 398, §9 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §9 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7311. Investigation and reports of accidents

§7311. Investigation and reports of accidents
1.  Investigation.
The Commissioner of Transportation shall investigate all accidents resulting in loss of human life, or personal injury requiring 3 full days of hospitalization, occurring upon the premises of any railroad company or directly or indirectly arising from or connected with its maintenance or operation. Any accident so occurring and which results in property damage or personal injury that requires less than 3 full days of hospitalization also may be investigated if, in the judgment of the commissioner, the public interest requires it. The commissioner may hold hearings in connection with any investigation and shall reasonably notify the railroad company of the time and place of the hearing, and the railroad company may then be heard and the commissioner shall have the power to make such order or recommendation with respect thereto as deemed just and reasonable.
[PL 1989, c. 398, §9 (NEW).]
2.  Reports of accidents.
Every railroad company is required to file with the Commissioner of Transportation, under such rules as the commissioner may prescribe, reports of accidents so occurring, in the manner and form designated by the commissioner. In case of accidents resulting in loss of human life, such reports shall be made immediately by telephone or telegraph, followed by a detailed written report.
[PL 1989, c. 398, §9 (NEW).]
3.  Disposition of reports.
The orders and recommendations of the Department of Transportation, and accident reports and all other materials in the department's file pertaining to such railroad company accidents, shall be made available, upon request, to the railroad company, the injured person or their representatives.
[PL 1989, c. 398, §9 (NEW).]
4.  Reports inadmissible as evidence.
The orders and recommendations of the Department of Transportation, accident reports and any other material in the department's file pertaining to such accidents obtained or prepared pursuant to an investigation under this section shall not be admitted as evidence in any suit or action for damages growing out of any matter mentioned in any such investigation.
[PL 1989, c. 398, §9 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §9 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 619: INSPECTION AND INVESTIGATION OF RAILROADS › Subchapter 1: REVIEW AND MAINTENANCE › 23 §7312. Participation in the Federal Railroad Administration Track and Equipment Safety and Inspection Program

§7312. Participation in the Federal Railroad Administration Track and Equipment Safety and Inspection Program
The commissioner shall have the authority to participate in carrying out investigative and surveillance activities in connection with any rule, regulation, order or standard prescribed by the Secretary of Transportation of the United States under the authority of the Federal Railroad Safety Act of 1970, Public Law 91-458, provided that the commissioner shall comply with all the requirements imposed by the United States Code, Title 45, section 435. The commissioner may employ such expert, professional or other assistance as is necessary to carry out the activities authorized by this section.   [PL 1989, c. 398, §9 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §9 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8001. Short title

§8001. Short title
This chapter may be known and cited as the "Passenger Rail Service Act."   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8002. Definitions

§8002. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 374, §3 (NEW).]
1.  Authority.
"Authority" means the Northern New England Passenger Rail Authority and any successors to that authority.
[PL 1995, c. 374, §3 (NEW).]
2.  Government agency.
"Government agency" includes any department, agency, commission, bureau, authority, instrumentality and political subdivision of:
A. The Federal Government;   [PL 1995, c. 374, §3 (NEW).]
B. The State;   [PL 1995, c. 374, §3 (NEW).]
C. Any other state; and   [PL 1995, c. 374, §3 (NEW).]
D. Canada and any of its provinces.   [PL 2005, c. 312, §1 (AMD).]
[PL 2005, c. 312, §1 (AMD).]
3.  Railroad line.
"Railroad line" or "lines" means the right-of-way, track, track appurtenances, ties, bridges, station houses and other appurtenant structures.
[PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 2005, c. 312, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8003. Initiation and establishment of passenger rail service

§8003. Initiation and establishment of passenger rail service
1.  Establishment of service.
The authority is directed to take all actions that are reasonably necessary to initiate, establish or reinitiate regularly scheduled passenger rail service between points within this State and points within and outside this State. These actions may include, but are not limited to, the acquisition, holding, use, operation, repair, construction, reconstruction, rehabilitation, modernization, rebuilding, relocation, maintenance and disposition of railroad lines, railway facilities, rolling stock, machinery and equipment, trackage rights, real and personal property of any kind and any rights in or related to that property.
[PL 1995, c. 374, §3 (NEW).]
2.  Acquisition of properties; rights.
The authority may acquire any of the properties or rights listed in subsection 1 through purchase, lease, lease-purchase, gift, devise or otherwise. In making these acquisitions the authority may exercise the power of eminent domain following the same procedure set forth in section 7154, subsection 5; except that any notice of condemnation must be filed in the registry of deeds for the county or counties, or registry division or divisions, in which the property is located, in the case of real property, and with the office of the Secretary of State in the case of personal property.
[PL 1995, c. 374, §3 (NEW).]
3.  Responsibilities of State.
Nothing in this chapter precludes the State from acquiring railroad lines for passenger rail service or precludes the Department of Transportation from taking actions to facilitate the operation of passenger rail service within the State or from contracting with 3rd parties for the operation of passenger rail service within the State. Nothing in this chapter affects the responsibilities of the department for transportation policy and planning as set forth in this Title.
[PL 2005, c. 312, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 2005, c. 312, §2 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8004. Contracts; studies

§8004. Contracts; studies
In order to implement section 8003 and the purposes of this chapter, the authority is directed to:   [PL 1995, c. 374, §3 (NEW).]
1.  Conduct studies.
Conduct or cause to be conducted any studies that the authority determines necessary or proper;
[PL 1995, c. 374, §3 (NEW).]
2.  Enter into contracts.
Enter into and fulfill any contracts and agreements the authority determines necessary or proper;
[PL 1995, c. 374, §3 (NEW).]
3.  Acquire property.
Acquire property, including, but not limited to, railroad lines, both within and outside of this State; and
[PL 1995, c. 374, §3 (NEW).]
4.  Cooperate with government agencies.
Cooperate and enter into agreements, contracts and compacts with any government agency, the National Railroad Passenger Corporation and any other person, public or private.
[PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8005. Initial funding (REPEALED)

§8005. Initial funding
(REPEALED)
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 1995, c. 543, §2 (AMD). PL 2005, c. 312, §3 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8006. Funding

§8006. Funding
The authority is directed to use any revenues it receives from the operation of the passenger rail service established pursuant to this chapter to pay the operational expenses of that passenger rail service. The authority is directed to seek and use funds necessary to pay all operational expenses of this passenger rail service that are not met by fares and other funds or revenues. For the purposes of this section, "operational expenses" include, but are not limited to, all additional capital expenses necessary to maintain the passenger rail service.   [PL 2005, c. 312, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 2005, c. 312, §4 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8007. Federal funds

§8007. Federal funds
The authority may take all actions consistent with this chapter necessary to qualify for, accept and disburse any money that the Federal Government may grant or loan to the authority to fund any actions required of the authority under the terms of this chapter.   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8008. Government agencies

§8008. Government agencies
Any government agency may allocate money and take other actions that may aid in the implementation of this chapter. The authority may provide funds, including loans and matching grants, to government agencies in order to encourage their participation in implementing this chapter.   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8009. Reasonable fares

§8009. Reasonable fares
Fares for the passenger rail service established pursuant to this chapter must be set at reasonable levels to encourage use of this service.   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8010. Satisfaction of operating deficits

§8010. Satisfaction of operating deficits
The authority is directed to obtain all additional funds, through borrowing, revenues or other means, necessary to satisfy operating deficits arising from expenses, including capital expenditures, necessary to ensure the continuation of passenger rail service established pursuant to this chapter.   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8011. Rules of construction

§8011. Rules of construction
This chapter must be construed liberally to effectuate the purposes of this chapter.   [PL 2005, c. 312, §5 (AMD).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 2005, c. 312, §5 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 1: GENERAL PROVISIONS › 23 §8012. Passenger rail liability limitation

§8012. Passenger rail liability limitation
In the event one or more passenger rail service providers are protected by a liability insurance policy covering liability for property damage, personal injury, bodily injury and death arising from rail incidents or accidents occurring in this State involving passenger trains with policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually regardless of the number of passenger rail service providers protected by such an insurance policy, each passenger rail service provider protected by such an insurance policy is not liable in excess of the coverage limits of such an insurance policy for any and all claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury or death arising out of such rail incidents or accidents. For purposes of this section, "passenger rail service provider" includes for-profit and nonprofit corporations and legal entities that own, lease, operate or manage passenger trains or passenger rail service; the authority; railroad companies that own, lease, provide track rights to or maintain rail lines over which passenger trains pass; and operators of passenger train services. "Passenger rail service provider" does not include the National Railroad Passenger Corporation or its successor organization. This section does not affect immunities, limitation on damages, limitation of actions, limitation of liability or other protections provided to the State as defined in Title 14, section 8102, subsection 4.   [PL 2005, c. 312, §6 (RPR).]
SECTION HISTORY
PL 2001, c. 54, §1 (NEW). PL 2005, c. 312, §6 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8111. Purpose

§8111. Purpose
The Northern New England Passenger Rail Authority, as established by Title 5, section 12004‑F, subsection 16, is a body both corporate and politic in the State established for the general purpose of promoting passenger rail service as set forth in subchapter 1. It is declared that the purposes of this chapter are public and that the authority must be regarded as performing a governmental function in carrying out this chapter.   [PL 2005, c. 312, §7 (AMD).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 2005, c. 312, §7 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8112. Directors

§8112. Directors
1.  Board of directors.
The authority consists of a board of 7 directors. The 7 directors are the Commissioner of Transportation, who is a director ex officio, the Commissioner of Economic and Community Development, who also is a director ex officio, and 5 directors who are members of the public, appointed by the Governor and confirmed by the Legislature for 5-year staggered terms, who shall serve until their respective successors are appointed and qualified. A vacancy in a position held by a director who is a member of the public occurring other than by the expiration of a term must be filled by the Governor and confirmed by the Legislature for the unexpired term.
[PL 2005, c. 312, §8 (RPR).]
2.  Compensation and removal of directors who are members of public.
Each director who is a member of the public is entitled to compensation according to the provisions of Title 5, chapter 379. The Governor may remove any director who is a member of the public for cause.
[PL 2005, c. 312, §8 (RPR).]
3.  Ex officio directors.
Each ex officio director may vote and may designate 2 employees of that director's department or agency, either of whom may represent that director and may vote and otherwise act on behalf of that director at meetings of the board. Any such designation must be in writing and delivered to the board, and the designation continues in effect until revoked or amended by the director in a written document delivered to the board.
[PL 2005, c. 312, §8 (NEW).]
4.  Chair.
The Governor shall appoint one director to serve as chair of the board, who is responsible for scheduling, convening and chairing all board meetings.
[PL 2005, c. 312, §8 (NEW).]
5.  Officers.
The board shall elect a treasurer, a secretary and any other officers the board from time to time considers necessary, none of whom needs to be a director.
[PL 2005, c. 312, §8 (NEW).]
6.  Quorum.
All powers of the authority may be exercised by the board in lawful meeting, and a majority of directors then in office constitutes a quorum. A vacancy on the board does not impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
[PL 2005, c. 312, §8 (NEW).]
7.  Regular meetings.
Regular meetings of the board may be established by bylaw, and notice of such regular meetings need not be given to directors.
[PL 2005, c. 312, §8 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 1995, c. 543, §3 (AMD). PL 2005, c. 312, §8 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8113. Conflict of interest

§8113. Conflict of interest
A director, officer or employee of the authority may not acquire any interest, direct or indirect, in any contract or proposed contract of the authority. A director, officer or employee may not participate in any decision on any contract entered into by the authority if that individual has any interest, direct or indirect, in any firm, partnership, corporation or association that will be party to such a contract or financially involved in any transaction with the authority; except this prohibition does not apply to the execution of agreements by banking institutions for the deposit or handling of authority funds in connection with any contract or to utility services, the rates for which are fixed or controlled by a governmental agency.   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8114. Powers

§8114. Powers
The authority may:   [PL 1995, c. 374, §3 (NEW).]
1.  Suit.
Sue and be sued;
[PL 1995, c. 374, §3 (NEW).]
2.  Seal.
Have a seal and alter the seal at pleasure;
[PL 1995, c. 374, §3 (NEW).]
3.  Bylaws; rules.
Adopt from time to time and amend bylaws covering its procedure and rules for the purposes set forth in this chapter; develop and adopt rules in accordance with the Maine Administrative Procedure Act; publish bylaws and rules as necessary or advisable; and cause records of its proceedings to be kept;
[PL 1995, c. 374, §3 (NEW).]
4.  Employees.
Employ such assistants, attorneys, experts, inspectors and such other employees and consultants as the authority considers necessary or desirable for its purposes;
[PL 1995, c. 374, §3 (NEW).]
5.  Department of Transportation.
Utilize the services of the State's Department of Transportation that are available and expedient and all charges for services provided by the department may be paid to it by the authority as mutually agreed upon; and
[PL 1995, c. 374, §3 (NEW).]
6.  Other action.
Take all lawful action necessary and incidental to effectuate the purposes set forth in this chapter.
[PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8115. Obligations of authority

§8115. Obligations of authority
All expenses incurred in carrying out this chapter must be paid solely from funds provided to or obtained by the authority pursuant to this chapter. Any notes, obligations or liabilities under this chapter may not be deemed to be a debt of the State or a pledge of the faith and credit of the State; but those notes, obligations and liabilities are payable exclusively from funds provided to or obtained by the authority pursuant to this chapter. Pecuniary liability of any kind may not be imposed upon the State or any locality, town or landowner in the State because of any act, agreement, contract, tort, malfeasance, misfeasance or nonfeasance by or on the part of the authority or its agents, servants or employees.   [PL 2011, c. 524, §6 (AMD).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). PL 2005, c. 312, §9 (AMD). PL 2011, c. 524, §6 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8115-A. Authority records

§8115-A. Authority records
1.  Confidential records.
The following records of the authority are confidential:
A. Records and correspondence relating to negotiations of agreements to which the authority is a party or in which the authority has a financial or other interest. Once entered into, an agreement is not confidential;   [PL 2011, c. 524, §7 (NEW).]
B. Trade secrets;   [PL 2011, c. 524, §7 (NEW).]
C. Estimates prepared by or at the direction of the authority of the costs of goods or services to be procured by or at the expense of the authority; and   [PL 2011, c. 524, §7 (NEW).]
D. Any documents or records solicited or prepared in connection with employment applications, except that applications, resumes and letters and notes of reference, other than those letters and notes of reference expressly submitted in confidence, pertaining to the applicant hired are public records after the applicant is hired, except that personal contact information is not a public record as provided in Title 1, section 402, subsection 3, paragraph O.   [PL 2011, c. 524, §7 (NEW).]
[PL 2011, c. 524, §7 (NEW).]
2.  Lawyer-client privilege.
The authority may claim the lawyer-client privilege in the same manner and circumstances as a corporation is authorized to do so.
[PL 2011, c. 524, §7 (NEW).]
SECTION HISTORY
PL 2011, c. 524, §7 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8116. Report to the Legislature; departmental review

§8116. Report to the Legislature; departmental review
1.  Annual report.
Beginning January 1, 1996, on an annual basis, the authority shall present its report to the Legislative Council and send copies to the joint standing committee of the Legislature having jurisdiction over transportation matters and the Commissioner of Transportation. The report shall include a description of the authority's activities for the preceding fiscal year, including a report of its receipts and expenditures from all sources.
[PL 1995, c. 374, §3 (NEW).]
2.  Operating budget.
Beginning January 31, 1996, on an annual basis, the authority shall present the operating budget of the authority for the next fiscal year beginning July 1st to the Commissioner of Transportation for approval. The authority may only make expenditures in accordance with allocations approved by the commissioner. Any balance of an allocation that at any time may not be required for the purpose named in that allocation may be transferred at any time prior to the closing of the books to any other allocation for the use of the authority for the same fiscal year subject to review and approval by the commissioner. Fiscal statements describing a transfer must be submitted by the authority to the commissioner 30 days before the transfer is to be implemented. These fiscal statements must include information specifying the accounts that are affected, amounts to be transferred, a description of the transfer and a detailed explanation as to why the transfer is needed.
[PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8117. Fair practices; affirmative action

§8117. Fair practices; affirmative action
The authority is subject to and shall comply with Title 5, chapter 65.   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8118. Property of the authority

§8118. Property of the authority
1.  Property of the authority.
All property of the authority pursuant to the provisions of this chapter is exempt from levy and sale by virtue of any execution and an execution or other judicial process is not a valid lien upon its property held pursuant to the provisions of this chapter. The authority may use its property only for the purposes set forth in this chapter.
[PL 1995, c. 374, §3 (NEW).]
2.  Entry upon lands.
The authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it determines necessary or convenient for the purpose of this chapter and the entry may not be deemed a trespass nor is the authority liable for the discovery of any form of waste or environmental contamination.
[PL 1995, c. 374, §3 (NEW).]
3.  Authority for transfer of interest in land to the authority.
Any county, municipality or other political subdivision, any public agency or commission of the State and any public service corporation or district, notwithstanding any contrary provisions of law, may lease, lend, grant or convey to the authority, upon its request and upon such terms and conditions as the proper authorities of the political subdivision, agency, commission, public service corporation or district determine reasonable and fair, any real or personal property or rights in the property that are necessary or convenient to the effectuation of the authorized purposes of the authority, including real and personal property or rights in the property already devoted to public use. As used in the subsection, the term "public service corporation" includes a public utility as defined in Title 35‑A, section 102, subsection 13 and a corporation referred to in Title 13‑C.
[RR 2001, c. 2, Pt. B, §41 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW). RR 2001, c. 2, §B41 (COR). RR 2001, c. 2, §B58 (AFF).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8119. Exemption from taxes

§8119. Exemption from taxes
Because the accomplishment by the authority of the authorized purpose stated in this chapter is for the benefit of the people of the State and for the improvement of their commerce and prosperity and is the performance of essential governmental functions, the authority may not be required to pay any taxes or assessment on any property acquired or used by it for the purposes provided in this chapter; except that service facilities leased or rented by the authority to business entities are subject to taxation and assessments must be made against the tenant in possession based upon the value of the leasehold interest, both real and personal. The authority may not be required to pay any tax upon its income except as may be required by the laws of the United States.   [PL 1995, c. 374, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 374, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 621: PASSENGER RAIL SERVICE › Subchapter 2: NORTHERN NEW ENGLAND PASSENGER RAIL AUTHORITY › 23 §8120. Employees

§8120. Employees
Employees of the Northern New England Passenger Rail Authority are subject to the state retirement provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter II.   [PL 1999, c. 152, Pt. E, §4 (NEW).]
The retirement accounts of state employees transferred to the authority in its capacity as an independent agency must remain in the state regular plan. New employees of the authority shall also become members of the Maine Public Employees Retirement System under the state regular plan. The authority shall make employer retirement plan contributions at the state regular plan rate. Employee retirement plan contributions must be at the state regular plan rate.   [PL 1999, c. 152, Pt. E, §4 (NEW); PL 2007, c. 58, §3 (REV).]
The accrued fringe benefits of state employees transferred to the authority in its capacity as an independent agency, including vacation and sick leave, health and life insurance and retirement, remain with the transferred employee.   [PL 1999, c. 152, Pt. E, §4 (NEW).]
Authority employees are entitled to receive the same retirement health benefits as state employees.   [PL 1999, c. 152, Pt. E, §4 (NEW).]
SECTION HISTORY
PL 1999, c. 152, §E4 (NEW). PL 2007, c. 58, §3 (REV).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 2: INSURANCE COMMISSIONER › 24 §51. Appointment, term and duties; deputies (REPEALED)

§51. Appointment, term and duties; deputies
(REPEALED)
SECTION HISTORY
PL 1967, c. 476, §18 (AMD). PL 1969, c. 132, §11 (RP). PL 1969, c. 504, §40 (AMD).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 2: INSURANCE COMMISSIONER › 24 §56. Notice to insurance companies of form disapproval (REPEALED)

§56. Notice to insurance companies of form disapproval
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 2: INSURANCE COMMISSIONER › 24 §59. Examination of domestic companies; production of books and records (REPEALED)

§59. Examination of domestic companies; production of books and records
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 4: UNAUTHORIZED INSURERS › Article 1: GENERAL PROVISIONS › 24 §225. Authorization required; exceptions (REPEALED)

§225. Authorization required; exceptions
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 4: UNAUTHORIZED INSURERS › Article 2: UNAUTHORIZED INSURERS FALSE ADVERTISING ACT › 24 §271. Purpose; liberal construction (REPEALED)

§271. Purpose; liberal construction
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 4: UNAUTHORIZED INSURERS › Article 2: UNAUTHORIZED INSURERS FALSE ADVERTISING ACT › 24 §272. Definitions (REPEALED)

§272. Definitions
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 4: UNAUTHORIZED INSURERS › Article 2: UNAUTHORIZED INSURERS FALSE ADVERTISING ACT › 24 §273. Notice to supervisory official and insurer of illegal practices (REPEALED)

§273. Notice to supervisory official and insurer of illegal practices
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 4: UNAUTHORIZED INSURERS › Article 2: UNAUTHORIZED INSURERS FALSE ADVERTISING ACT › 24 §274. Action by commissioner against insurer (REPEALED)

§274. Action by commissioner against insurer
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).
2023 Maine Revised Statutes › TITLE 24: INSURANCE › Chapter 1: GENERAL PROVISIONS › Subchapter 4: UNAUTHORIZED INSURERS › Article 2: UNAUTHORIZED INSURERS FALSE ADVERTISING ACT › 24 §275. Service on unauthorized insurer (REPEALED)

§275. Service on unauthorized insurer
(REPEALED)
SECTION HISTORY
PL 1969, c. 132, §11 (RP).