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
Sec. 1. 5 MRSA §12004-F, sub-§4, as enacted by PL 1987, c. 786, §5, is amended to read:
|Maine Turnpike Authority , Board of Directors||Legislative Per Diem||23 MRSA § 1965 1964-A|
Sec. 2. 23 MRSA §1961, sub-§2, as amended by PL 1995, c. 504, Pt. C, §1, is further amended to read:
Sec. 3. 23 MRSA §1961, sub-§6, as amended by PL 1995, c. 613, §1 and affected by §7, is further amended to read:
Sec. 4. 23 MRSA §1961, sub-§7 is enacted to read:
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:
Sec. 6. 23 MRSA §1964, sub-§4-B is enacted to read:
Sec. 7. 23 MRSA §1964, sub-§6-A, as amended by PL 1995, c. 613, §2 and affected by §7, is repealed.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:
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.
Sec. 10. 23 MRSA §1965, as amended by PL 2007, c. 270, §1, is further amended to read:
§ 1965. Maine Turnpike Authority; powers
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;
(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.
Sec. 11. 23 MRSA §1966, sub-§2, as amended by PL 1997, c. 743, §1, is further amended to read:
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:
(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:
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:
(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 30 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 30 days of final adjudication of liability under paragraph K . ; or
(4) Does not pay the required tolls, administrative fees or civil penalties within 30 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:
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.
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.