Sec. 6. In lieu of payments criteria review; report. The Department of Transportation shall review the criteria that are currently used to determine the payments made to businesses and farms in lieu of actual relocation costs under the Maine Revised Statutes, Title 23, section 244, subsection 3. The department shall compile information concerning claims and payments made under Title 23, section 244, subsection 3 since January 1, 2004. The department shall examine the consequences of using net operating income as a basis for in lieu payments, including any necessary consequences under federal law, regulations and programs. For the purposes of this section, "net operating income" means ordinary income less operating expenses from trade or business activities that are directly related to the subject property, excluding depreciation, amortization and interest, although the department may, in addition, use a different formulation of "net operating income." The department shall report by January 15, 2007 to the joint standing committee of the Legislature having jurisdiction over judiciary matters the information collected, the analysis completed, the conclusions reached and any recommended changes in law, rules or practice. The joint standing committee of the Legislature having jurisdiction over judiciary matters may report out legislation to the 123rd Legislature based on the review and report.

Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.

TRANSPORTATION, DEPARTMENT OF

Highway and Bridge Improvement 0406

Initiative: Allocates funds for the additional cost of purchasing certain properties through the eminent domain process.

HIGHWAY FUND 2005-06 2006-07

All Other $0 $46,667

__________ __________

HIGHWAY FUND TOTAL $0 $46,667