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PUBLIC LAWS
First Special Session of the 122nd

PART GGG

     Sec. GGG-1. 5 MRSA §1666, 2nd ¶, as amended by PL 2005, c. 386, Pt. D, §1, is further amended to read:

     The Governor, when submitting the budget to the Legislature, shall submit the budget document and the General Fund and Highway Fund bills in a manner that identifies the gross amount of resources for each program. The gross unified budget bills and budget document encompass resources from the General Fund, Highway Fund, Federal Expenditures Fund, Federal Block Grant Fund, Other Special Revenue funds Funds, internal service funds and enterprise funds. Separate gross unified budget bills must be submitted for the General Fund and the Highway Fund. All funds except trust and agency funds, bond funds and costs of goods sold expenditures in internal service funds and enterprise funds are subject to legislative allocation. All programs with Highway Fund allocations and all internal service funds, enterprise funds and Other Special Revenue Funds accounts of the Department of Transportation are subject to legislative allocations and are presented for informational purposes only in the General Fund budget bills unless a separate Highway Fund budget is not enacted.

     Sec. GGG-2. 6 MRSA §54, as enacted by PL 1977, c. 678, §32, is amended to read:

§54. Fees

     All Effective October 1, 2005, all fees collected under this chapter shall must be deposited to the Treasurer of State, and by the Treasurer of State credited to the General Fund State Transit, Aviation and Rail Transportation Fund.

     Sec. GGG-3. 23 MRSA §§4210-B, 4210-C and 4210-D are enacted to read:

§4210-B.     State Transit, Aviation and Rail Transportation Fund

     1. Establishment of fund. The State Transit, Aviation and Rail Transportation Fund, referred to in this section as "the STAR Transportation Fund" is established as an enterprise fund through the Department of Administrative and Financial Services. Funds appropriated, allocated, transferred or deposited in the account accrue interest earnings that must be used within the STAR Transportation Fund.

     2. Establishment of program. The department shall establish the STAR Transportation Fund program through the Department of Administrative and Financial Services, Office of the State Controller.

     3. Use of funds. The money deposited into the STAR Transportation Fund must be used for the support of the activities of the STAR Transportation Fund to manage transit, aeronautics and rail transportation.

     4. Disbursements from fund. Money disbursed from the STAR Transportation Fund may be used for the purpose of purchasing, operating, maintaining, improving, repairing, constructing and managing the assets of the STAR Transportation Fund including buildings, structures and improvements and equipment.

     5. Other fund sources. The STAR Transportation Fund may accept funds from other sources, including, but not limited to, the Federal Rail Administration, to carry out the provisions of this section.

     6. Financial management. All assets including the cash balance, liabilities and equity in the Augusta State Airport Fund must be transferred to the STAR Transportation Fund and accounted for in a manner prescribed by the Department of Administrative and Financial Services, Office of the State Controller.

§4210-C. Marine Highway account

     1. Establishment of account. The department shall establish, through the Department of Administrative and Financial Services, Office of the State Controller, the Marine Highway account, referred to in this section as "the account," in the Highway Fund.

     2. Purpose of account. The purpose of the account is to allow the Highway Fund to provide support to the Maine State Ferry Service that was previously provided by the General Fund because ferries are an integral part of the highway system and carry motor vehicles and are the only method of vehicular transportation available to and from the islands.

     3. Calculation. The account is not considered a General Fund appropriation or Highway Fund allocation for highway purposes in order to calculate the annual funding for the Urban-Rural Initiative Program pursuant to section 1803-B.

§4210-D. Accounting

     The department shall comply with accounting policies and procedures promulgated by the Department of Administrative and Financial Services, Office of the State Controller. Any changes in accounting methodology proposed by the department must be approved by the Office of the State Controller.

     Sec. GGG-4. 23 MRSA §7103, as amended by PL 2005, c. 248, §1, is repealed.

     Sec. GGG-5. 23 MRSA §7103-A is enacted to read:

§7103-A.     Deposit into State Transit, Aviation and Rail Transportation Fund account

     Effective October 1, 2005, the Treasurer of State shall receive all revenue derived from the tax levied pursuant to Title 36, chapter 361 and taxes paid under Title 36, section 1865 and shall deposit all revenue in a separate account to be known as the State Transit, Aviation and Rail Transportation Fund account.

     Sec. GGG-6. 36 MRSA §1865, as enacted by PL 2003, c. 498, §7 and affected by §12, is amended to read:

§1865. Deposit of use taxes paid on certain fuels

     The Treasurer of State shall deposit all use taxes received for fuel consumed by vehicles operating on rails and qualifying for a fuel tax refund under section 3218 and taxed under this chapter into the Rail Preservation and Assistance State Transit, Aviation and Rail Transportation Fund established in Title 23, section 7103 7103-A.

     Sec. GGG-7. 36 MRSA §2625, as amended by PL 2005, c. 248, §3, is further amended to read:

§2625. Return and payment

     Every railroad company incorporated under the laws of this State or doing business in this State shall file with the State Tax Assessor annually, on or before April 15th, a railroad excise tax return, on a form prescribed by the State Tax Assessor. The tax must be paid in equal installments on the next June 15th, September 15th and December 15th. Except as otherwise provided in subsection 1, the Treasurer of State shall deposit all taxes paid under this chapter into the Railroad Preservation and Assistance Fund State Transit, Aviation and Rail Transportation Fund account established under Title 23, section 7103 7103-A.

     1. Railroad Freight Service Quality Fund. The Treasurer of State shall each year deposit $20,000 of the taxes paid under this chapter in the Railroad Freight Service Quality Fund established under Title 35-A, section 1711.

This subsection is repealed 90 days after the adjournment of the Second Regular Session of the 123rd Legislature.

     Sec. GGG-8. 36 MRSA §2903-E is enacted to read:

§2903-E.     Distribution of gasoline tax revenues to State Transit, Aviation and Rail Transportation Fund

     An amount equal to $100,000 per year of gasoline taxes that are attributable to statewide transit efforts must be deposited into the State Transit, Aviation and Rail Transportation Fund account of the Department of Transportation no later than July 30th of each fiscal year, except that in fiscal year 2005-06 the deposit may be no later than October 31, 2005.

     Sec. GGG-9. 36 MRSA §2912, as amended by PL 1979, c. 378, §23, is further amended to read:

§2912.   Records and reports regarding sales of fuels for aeronautical purposes

     The Effective October 1, 2005, the tax received by the State on internal combustion engine fuels which that are sold to be used for aeronautical purposes shall must accrue to the General Fund State Transit, Aviation and Rail Transportation Fund. The necessary expenses of the collection of the tax on such fuels to be used for aeronautical purposes shall must be deducted.

     Sec. GGG-10. Transfer of funds, Railroad Assistance Program. On the effective date of this Act, the State Controller shall transfer the existing cash balance in the Railroad Assistance Program, Other Special Revenue Funds account within the Department of Transportation to the State Transit, Aviation and Rail Transportation Fund established under the Maine Revised Statutes, Title 23, section 4210-B.

     Sec. GGG-11. Transition. The following provisions apply to the Department of Transportation.

     1. Upon the effective date of this Act, to comply with the provisions and intent of this Part, the Department of Administrative and Financial Services, Office of the State Controller may transfer funds pertaining to the transfer of General Fund programs within the Department of Transportation to the State Transit, Aviation and Rail Transportation Fund, the Marine Highway account and any other applicable funding transfers authorized by this Part.

     2. The Department of Transportation shall adhere to the schedule and methodology for consolidation of these various programs as established by the Office of the State Controller.

     3. Classified and unclassified employees assigned to General Fund programs of the Department of Transportation must be transferred to the State Transit, Aviation and Rail Transportation Fund.

     4. All contracts, agreements and compacts to which any of the General Fund programs of the Department of Transportation are a party and that are in effect on the effective date of this Act remain in effect until they expire or are altered by the parties involved in the contracts, agreements or compacts.

     5. The Department of Administrative and Financial Services shall assist the Department of Transportation with the orderly implementation of these provisions.

     Sec. GGG-12. Vacancy report. Notwithstanding any other provision of law, the vacancy report with any recommendations for position eliminations to be prepared by the Department of Administrative and Financial Services and to be submitted to the Joint Standing Committee on Appropriations and Financial Affairs by January 15, 2006 must also be delivered to the Joint Standing Committee on Transportation if the vacancy report affects any positions that are partially or wholly funded by the Highway Fund, or by Internal Service Funds, Enterprise Funds and Other Special Revenue Funds accounts of the Department of Transportation, the Department of Public Safety or the Secretary of State.

     Sec. GGG-13. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Budget - Bureau of the 0055
Initiative: Provides one-time funding for the necessary changes and updates to the Budget and Financial Management System as a result of the changes of this Part.
HIGHWAY FUND     2005-06     2006-07

     __________     __________
HIGHWAY FUND TOTAL     $96,700     $0
ADMINISTRATIVE AND FINANCIAL SERVICES,
DEPARTMENT OF
DEPARTMENT TOTALS     2005-06     2006-07

     __________     __________
DEPARTMENT TOTAL -
ALL FUNDS               $96,700     $0

PUBLIC SAFETY, DEPARTMENT OF
Departmentwide - Public Safety
Initiative: Deallocates funds to remain within available resources. The Commissioner of Public Safety is authorized to distribute this deallocation among other programs within the Department of Public Safety through the use of financial orders approved by the State Budget Officer.
HIGHWAY FUND     2005-06     2006-07

     __________     __________
HIGHWAY FUND TOTAL     ($95,000)     $0
PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS     2005-06     2006-07

     __________     __________
DEPARTMENT TOTAL -
ALL FUNDS               ($95,000)     $0

SECRETARY OF STATE, DEPARTMENT OF
Administration - Motor Vehicles 0077
Initiative: Deallocates funds to remain within available resources.
HIGHWAY FUND     2005-06     2006-07

     __________     __________
HIGHWAY FUND TOTAL     ($190,000)     $0
SECRETARY OF STATE,
DEPARTMENT OF

DEPARTMENT TOTALS     2005-06     2006-07

     __________     __________
DEPARTMENT TOTAL -
ALL FUNDS               ($190,000)     $0

TRANSPORTATION, DEPARTMENT OF
Highway and Bridge Improvement 0406
Initiative: Effective October 1, 2005, eliminates the General Fund Highway and Bridge Improvement account as a result of the establishment of the State Transit, Aviation and Rail Transportation Fund.
GENERAL FUND     2005-06     2006-07

     __________     __________
GENERAL FUND TOTAL     ($104,139)     ($137,644)
Highway and Bridge Improvement 0406
Initiative: Deallocates funds to remain within available resources.
HIGHWAY FUND     2005-06     2006-07

     __________     __________
HIGHWAY FUND TOTAL     ($665,000)     $0
Transportation Services 0443
Initiative: Effective October 1, 2005, eliminates the General Fund Public Transportation account as a result of the establishment of the State Transit, Aviation and Rail Transportation Fund.
GENERAL FUND     2005-06     2006-07

     __________     __________
GENERAL FUND TOTAL     ($367,703)     ($502,528)
Administration - Aeronautics 0294
Initiative: Effective October 1, 2005, eliminates the General Fund Aeronautics - Administration account as a result of the establishment of the State Transit, Aviation and Rail Transportation Fund.
GENERAL FUND     2005-06     2006-07

     __________     __________
GENERAL FUND TOTAL     ($180,179)     ($240,239)
Administration - Ports and Marine Transportation 0298
Initiative: Eliminates the General Fund Administration - Ports and Marine Transportation account as a result of the establishment of the Marine Highway Transportation account and the State Transit, Aviation and Rail Transportation Fund.
GENERAL FUND     2005-06     2006-07

     __________     __________
GENERAL FUND TOTAL     ($3,113,766)     ($3,282,446)
Railroad Assistance Program 0350
Initiative: Effective October 1, 2005, eliminates the General Fund and Other Special Revenue Funds Railroad Assistance Program accounts as a result of the establishment of the State Transit, Aviation and Rail Transportation Fund and transfers one position from the General Fund to the State Transit, Aviation and Rail Transportation Fund.
GENERAL FUND     2005-06     2006-07

     __________     __________
GENERAL FUND TOTAL     ($147,065)     ($197,033)
OTHER SPECIAL REVENUE
FUNDS     2005-06     2006-07

     __________     __________
OTHER SPECIAL REVENUE
FUNDS TOTAL               ($358,617)     ($482,610)

Marine Highway Transportation
Initiative: Creates the FY2006-2007 budget for the Marine Highway Transportation account.
HIGHWAY FUND     2005-06     2006-07

     __________     __________
HIGHWAY FUND TOTAL     $3,177,250     $3,354,808
Augusta State Airport 0325
Initiative: Eliminates the operating budget for the Augusta State Airport account for fiscal years 2005-06 and 2006-07 as a result of the establishment of the State Transit, Aviation and Rail Transportation Fund.
AUGUSTA STATE AIRPORT
FUND     2005-06     2006-07

     __________     __________
AUGUSTA STATE AIRPORT
FUND TOTAL               ($299,970)     ($399,960)

State Transit, Aviation and Rail Transportation Fund
Initiative: Creates the FY2006-2007 budget for the State Transit, Aviation and Rail Transportation Fund.
STATE TRANSIT, AVIATION AND RAIL
TRANSPORTATION FUND     2005-06     2006-07

     __________     __________
STATE TRANSIT, AVIATION
AND RAIL TRANSPORTATION
FUND TOTAL               $1,704,571     $1,718,418

TRANSPORTATION, DEPARTMENT OF
DEPARTMENT TOTALS     2005-06     2006-07

     __________     __________
DEPARTMENT TOTAL -
ALL FUNDS               ($354,618)     ($169,234)

SECTION TOTALS     2005-06     2006-07

     __________     __________
SECTION TOTAL - ALL FUNDS     ($542,918)     ($169,234)

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