H.P. 1018 - L.D. 1429
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §1965, sub-§2, ¶A, as amended by PL 1995, c. 108, §1, is further amended to read:
A. The authority consists of 4 members Members of the authority are appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over transportation and subject to confirmation by the Legislature. The Commissioner of Transportation is a member ex officio. The Commissioner of Transportation may designate a deputy, director, assistant or other officer or employee of the department to represent the Commissioner of Transportation at meetings of the authority with full power to act and vote on behalf of the Commissioner of Transportation. Upon the expiration of the term of office of any member, the Governor shall appoint a new member who serves in office for a term of 7 years and until a successor is duly appointed and qualified, and any member of the authority is eligible for reappointment. In the event of a vacancy in the membership of the authority caused by the death, incapacity, resignation or removal of a member, the Governor shall appoint a member to fill that vacancy only for the unexpired term of office of the member whose death, incapacity, resignation or removal created the vacancy, but the newly appointed member may be reappointed at the end of the unexpired term in accordance with this subsection. In all events, a member may not be appointed to the authority who is not a resident of the State at the time of the appointment and qualification, or who has not been a qualified voter in the State for a period of at least one year next preceding the appointment.
Sec. 2. 23 MRSA §1965, sub-§2, ¶¶A-1 and A-2 are enacted to read:
A-1. The authority consists of the Commissioner of Transportation, who is an ex officio member, and:
(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.
A-2. In making appointments under this subsection, the Governor shall ensure that after August 1, 2002 or at the earliest opportunity thereafter, the authority includes at least one person who is a resident of York County and who is named by the Governor as that county's representative on the authority; one person who is a resident of Cumberland County and who is named by the Governor as that county's representative on the authority; one person who is a resident of Androscoggin County and who is named by the Governor as that county's representative on the authority; and one person who is a resident of Kennebec County and who is named by the Governor as that county's representative on the authority. A member named to represent a certain county ceases to be a member if that person's residency changes to another county. Vacancies created as a result of changes in residency must be filled by the Governor as provided for other vacancies in paragraph A.
Sec. 3. 23 MRSA §1965, sub-§2, ¶B, as enacted by PL 1981, c. 595, §3, is amended to read:
B. Immediately after their appointments, the members of the authority shall enter upon their duties. The Governor shall name one of the appointed members as chairman chair of the authority. The authority shall elect a secretary and treasurer who need not be a member of the authority, and shall elect an executive director or general manager who is not a member of the authority. Three members of the authority shall constitute a quorum and 3 votes shall be required for the authority to act on any matter, although a lesser number may adjourn. No vacancy in the authority impairs the right of a quorum of the members to exercise all the rights and perform all the duties of the authority.
Sec. 4. Existing members not affected. Nothing in this Act may be construed to affect the appointment or term of members of the Maine Turnpike Authority appointed prior to the effective date of this Act.
Effective September 18, 1999, unless otherwise indicated.
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