An Act To Restore Maine's Secondary Roads
Sec. 1. 4 MRSA §173, sub-§4-B, ¶C, as enacted by PL 1997, c. 750, Pt. A, §2, is amended to read:
Sec. 2. 5 MRSA §282, sub-§9, as repealed and replaced by PL 2009, c. 655, Pt. B, §1, is amended to read:
Sec. 3. 23 MRSA §57-B is enacted to read:
§ 57-B. Damages paid to the department
Any funds received by the department for damage to state property under the jurisdiction of the department must be deposited into the Secondary Roads Fund established in section 1803-C.
Sec. 4. 23 MRSA §160, as amended by PL 1971, c. 593, §22, is further amended to read:
§ 160. Property management
Any property taken or acquired for highway purposes may be leased, let or rented by the department to a displaced person pending advantageous use for highway purposes. The department may renovate and maintain property pending such advantageous use. The proceeds from leasing, letting or renting such property shall must be credited to the fund from which payment was made for the acquisition deposited into the Secondary Roads Fund established in section 1803-C. The Federal Government’s share of the proceeds must be deposited in the account from which it originated. The consideration paid by the tenant for occupancy shall may not exceed the fair rental value of the property based on short-term occupation.
Sec. 5. 23 MRSA §1801, 5th ¶, as repealed and replaced by PL 1999, c. 473, Pt. D, §1, is amended to read:
The purpose of the Urban-Rural Initiative Program established in this subchapter is to provide equitable financial assistance to communities for their use in improving local roads, maintaining state roads in urban compact areas and assisting the State in making capital improvements to state aid minor collector highways. The purpose of the Secondary Roads Fund established in this subchapter is to finance capital improvements to state aid minor collector highways.
Sec. 6. 23 MRSA §1803-C is enacted to read:
§ 1803-C. Secondary Roads Fund
(1) Title 4, section 173, subsection 4-B, paragraph C;
(2) Title 5, section 282, subsection 9;
(3) Sections 57-B, 160 and 1926;
(4) Title 29-A, section 453, subsection 2 and section 2602, subsection 4; and
(5) Title 35-A, section 122, subsection 6-B;
If the department is not allocated sufficient funds to match offered municipal funds, the department must reject or defer any new municipal offers and award matching funds to municipalities with pending offers based on a priority order consistent with an established departmental 6-year plan for state aid minor collector capital projects.
Federal funds may be used in lieu of local funds, except that the local share may not be less than 10% of the total project cost.
Sec. 7. 23 MRSA §1926 is enacted to read:
§ 1926. Off-premises signs permitted
Notwithstanding any other provisions of law to the contrary, the commissioner may authorize the placement of off-premises signs within the right-of-way of an interstate highway, a state highway or a state aid highway. The commissioner shall designate locations for off-premises signs licensed under this chapter. The off-premises signs must be furnished and preserved by the applicant and must conform to rules adopted by the commissioner. The commissioner shall regulate the size, shape, color, lighting, manner of display and lettering of off-premises signs. For purposes of this section, "off-premises sign" means a sign that advertises a business, a person, an activity, goods, products or services not located on the premises where the sign is installed and maintained.
If the application is approved, the commissioner shall issue the license. If it is not approved, the commissioner shall return the application and fee, stating the reasons for refusal and giving the applicant an opportunity to correct any defects or to be heard, within 30 days, by the commissioner. Upon written request by the applicant, the commissioner shall hear the matter and notify the applicant of the commissioner's findings and decision.
Sec. 8. 23 MRSA §4210-E, as enacted by PL 2009, c. 655, Pt. B, §2, is repealed.
Sec. 9. 25 MRSA §1509-A, as enacted by PL 2007, c. 682, §1 and affected by §8, is repealed.
Sec. 10. 25 MRSA §1509-B is enacted to read:
§ 1509-B. Funding
Beginning July 1, 2012, state funding for the Department of Public Safety, Bureau of State Police must be provided as follows:
Sec. 11. 29-A MRSA §453, sub-§2, as amended by PL 2007, c. 647, §1 and affected by §8, is further amended to read:
Sec. 12. 29-A MRSA §2602, sub-§4, as amended by PL 2003, c. 498, §6 and affected by §12, is further amended to read:
Sec. 13. 35-A MRSA §122, sub-§6-B is enacted to read:
Sec. 14. Effective Date. This Act takes effect July 1, 2012.
summary
This bill establishes the Secondary Roads Fund as a dedicated, nonlapsing account within the Department of Transportation for the purpose of financing capital improvements to state aid minor collector highways.
This bill provides that revenues generated from the use of land and assets, including, but not limited to, rights-of-way and other property owned by the department must be deposited into the Secondary Roads Fund. This bill also requires that any funds received by the department for damage to state property under the jurisdiction of the department must be deposited into the Secondary Roads Fund.
This bill increases the annual fee for a vanity registration plate by $10, from $25 to $35, which is to be deposited into the Secondary Roads Fund.
This bill also requires that, except as otherwise provided, all fines for traffic infractions and other violations of the motor vehicle statutes accrue to the Secondary Roads Fund. The bill requires that any balance remaining in the Law Enforcement Agency Reimbursement Fund at the end of the fiscal year must be transferred to the Secondary Roads Fund.
Current law directs that state funding for the Bureau of State Police within the Department of Public Safety be allocated as follows: 49% from the Highway Fund and 51% from the General Fund. This bill provides that, beginning in fiscal year 2012-13, the proportional split between Highway Fund allocations and General Fund appropriations to the State Police budgetary appropriation program must be as follows: 25% must be allocated from the Highway Fund and 75% must be appropriated from the General Fund. The bill also provides that an amount equal to 24% of state funding for the Bureau of State Police be allocated from the Highway Fund to the Secondary Roads Fund.
This bill directs the Department of Transportation to set aside 10% of any available federal funds to be deposited into the Secondary Roads Fund for federally eligible projects. This bill provides that federal funds may be used in lieu of local funds, except that the local share may not be less than 10% of the total project cost.
The bill authorizes the Commissioner of Transportation to authorize, for a fee, the placement of off-premises signs within the right-of-way of an interstate highway, a state highway or a state aid highway. This bill also provides that fees collected by the department for the placement of such off-premises signs must be deposited into the Secondary Roads Fund.