An Act To Expedite the Maintenance and Repair of Maine's Transportation Network

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

Whereas,  infrastructure work must begin immediately to accommodate the construction season; and

Whereas,  the work generated by issuance of the bonds under this legislation will generate employment in the road construction industry; 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,

Sec. 1. 25 MRSA §1509-A  is enacted to read:

§ 1509-A.  Funding

Beginning in fiscal year 2009-10, state funding for the Department of Public Safety, Bureau of State Police must be provided as follows:

Sec. 2. PL 2007, c. 537, §3  is repealed.

Sec. 3. Report. The Department of Public Safety, Bureau of State Police shall report no later than January 30, 2009 to the joint standing committee of the Legislature having jurisdiction over transportation matters the activity data collected by the bureau during calendar year 2008 under the tracking and reporting system it has established to track state police officers' work activity.

Sec. 3. Transfer from Maine Budget Stabilization Fund; TransCap Trust Fund. By June 30, 2009 the State Controller shall transfer $5,000,000 from the Maine Budget Stabilization Fund established in the Maine Revised Statutes, Title 5, section 1532 to the TransCap Trust Fund established in Title 30-A, section 6006-G.

Sec. 4. Calculation and transfer; Highway Fund allocations reductions to Bureau of State Police. For the biennial budget year beginning July 1, 2009, the State Budget Officer shall calculate the reduction in Highway Fund allocations to the Department of Public Safety, Bureau of State Police resulting from the percentage reduction from 60% as required under the Maine Revised Statutes, former section 1509 to 49% in the section of this Act that enacts Title 25, section 1509-A and shall notify the State Controller, who shall transfer that amount from the Highway Fund to the TransCap Trust Fund established by Title 30-A, section 6006-G.

Sec. 5. Authorization to issue TransCap Trust Fund revenue bonds for highways. Notwithstanding any other provision of law, the Maine Municipal Bond Bank, at the request of the Department of Transportation, is authorized to issue TransCap Trust Fund revenue bonds as provided in the Maine Revised Statutes, Title 30-A, section 6006-G from time to time in amounts that in total do not exceed $50,000,000 from the effective date of this Act to fiscal year 2012-13 for the purpose of undertaking highway reconstruction projects in the State. This section does not limit the ability to authorize additional TransCap Trust Fund revenue bonds for additional transportation needs or any other eligible purpose.

Sec. 6. Legislative findings. The Legislature finds that apportioning the funding for the Bureau of State Police between 51% from the General Fund and 49% from the Highway Fund is a fair and equitable method of funding for that bureau. The Legislature further finds that this Act, together with prior use of General Fund resources to pay for services and capital projects normally covered by the Highway Fund, constitutes an equitable division of revenues and spending between the 2 funds now and in the future.

Sec. 7. Effective date. That section of this Act that enacts the Maine Revised Statutes, Title 25, section 1509-A takes effect July 1, 2009.

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

Summary

This bill authorizes $50,000,000 in TransCap Trust Fund revenue bonds over the next 5 years for highway reconstruction projects. The bill requires a $5,000,000 transfer from the Maine Budget Stabilization Fund to the trust fund by June 30, 2009 and a transfer for the 2009-10 and ensuing fiscal years of amounts that represent the percentage change of Highway Fund allocations to the Department of Public Safety, Bureau of State Police accomplished in this Act.

The bill provides 51% funding for the Bureau of State Police from the General Fund and 49% funding for the Bureau of State Police from the Highway Fund.