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Second Regular Session of the 118th


S.P. 788 - L.D. 2115

An Act to Allow the Department of Transportation to Provide Privately Contracted Ferry Services

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, extensive repairs to facilities that support the Maine State Ferry Service are scheduled for April and May of 1998; and

     Whereas, the Department of Transportation needs to ensure that ferry routes of the Maine State Ferry Service are maintained while these repairs are made; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 23 MRSA §4401, as amended by PL 1989, c. 544, §1, is further amended to read:

§4401. Ferry service for North Haven, Vinalhaven, Islesboro, Matinicus Isle, Swan's Island and Frenchboro

     It is the duty of the Department of Transportation to operate a ferry route or routes between the mainland and the towns of North Haven, Vinalhaven, Islesboro, Matinicus Isle and Swan's Island for the purpose of transporting vehicles, freight and passengers to and from these towns, and the department may operate the ferry route or routes to and from Frenchboro. Ferry service to Matinicus Isle shall must be at least 12 times per year and may be up to 24 times per year and may be provided by state-owned or privately-contracted privately contracted vessels. These ferry routes shall be are designated as the "Maine State Ferry Service." During periods of facility repair or maintenance or during periods of extraordinary demand, the department may carry out its responsibilities by utilizing privately contracted vessels to provide additional or substitute service to islands served by the Maine State Ferry Service as long as the use of privately contracted vessels is in accordance with an agreement between the department and the State's collective bargaining agent as defined in Title 26, section 979-A, subsection 1.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective March 23, 1998.

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