SP0601, LD 1753, item 1, An Act To Improve Transportation in the State

An Act To Improve Transportation in the State

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

PART A

Sec. A-1. 6 MRSA c. 4, as amended, is repealed.

Sec. A-2. 6 MRSA §102, sub-§2, ¶A, as enacted by PL 1977, c. 678, §33, is amended to read:

A. All aircarrier and commuter aircarrier airports , as defined under chapter 4, shall designate a person generally available who shall have has administrative responsibility for operation and management of the airport. All general aviation commercial airports, as defined under chapter 6, shall have at least a part-time airport manager.

Sec. A-3. 6 MRSA §102, sub-§2, ¶C, as enacted by PL 2007, c. 76, §1, is repealed.

Sec. A-4. 6 MRSA §202, sub-§5, as repealed and replaced by PL 1977, c. 678, §41 and amended by PL 1995, c. 504, Pt. B, §10, is repealed.

Sec. A-5. 6 MRSA §202, sub-§7, as amended by PL 1977, c. 678, §43, is repealed.

Sec. A-6. 6 MRSA c. 15, as amended, is repealed.

Sec. A-7. 36 MRSA §1482, sub-§1, ¶A, as amended by PL 2007, c. 627, §31, is further amended to read:

A. For the privilege of operating an aircraft within the State, each heavier-than-air aircraft or lighter-than-air aircraft operated in this State that is owned or controlled by a resident of this State is subject to an excise tax computed as follows: 9 mills on each dollar of the maker's average equipped price for the first or current year of model; 7 mills for the 2nd year; 5 mills for the 3rd year; 4 mills for the 4th year; and 3 mills for the 5th and succeeding years. The minimum tax is $10. Nonresidents of this State who operate aircraft within this State for compensation or hire and are required to register under Title 6 must pay 1/12 of the tax amount computed as required in this paragraph for each calendar month or fraction thereof that the aircraft remains in the State.

Sec. A-8. 36 MRSA §1484, sub-§1, as amended by PL 2007, c. 627, §33, is further amended to read:

1. Aircraft. The excise tax on an aircraft must be paid to the Department of Transportation. The Department of Transportation shall distribute the receipts from each excise tax payment to the municipality where the aircraft is based except as follows.

A. If the aircraft is based at an airport owned by a county, the excise tax payments must be distributed paid to that county.

B. If the aircraft is based at the Augusta State Airport, the excise tax payments must be retained by the Department of Transportation paid to the City of Augusta.

For the purposes of this subsection, an aircraft is deemed to be based at the location in the State where it has been hangared, parked, tied down or moored the most nights during the 30-day period of active flying preceding payment of the excise tax. If the aircraft has not been hangared, parked, tied down or moored at a location in the State during the 30-day period of active flying preceding payment, then the aircraft is deemed to be based at the location in the State where it will be hangared, parked, tied down or moored the most nights during the 30-day period of active flying next following payment of the excise tax.

Sec. A-9. 36 MRSA §1486, first ¶, as amended by PL 1995, c. 65, Pt. A, §139 and affected by §153 and Pt. C, §15, is further amended to read:

No vehicle may be registered under Title 29-A or Title 6 until the excise tax or personal property tax or real estate tax has been paid in accordance with sections 1482 and 1484.

PART B

Sec. B-1. 23 MRSA §73, sub-§6, as enacted by PL 2007, c. 470, Pt. B, §1, is repealed.

Sec. B-2. 23 MRSA §73, sub-§7 is enacted to read:

7. Priorities, service levels, capital goals and reporting. The Department of Transportation shall classify the State's public highways as Priority 1 to Priority 6 corridors using factors such as the federal functional classification system, regional economic significance, heavy haul truck use and relative regional traffic volumes. The department shall also establish customer service levels related to safety, condition and serviceability appropriate to the priority of the highway, resulting in a system that grades each highway as Excellent, Good, Fair, Poor or Unacceptable.

To provide a capital transportation program that is geographically balanced and that addresses urban and rural needs, the department shall include the following goals as part of its capital improvement plans and program delivery. The goals are to:

A. By 2022, improve all Priority 1 and Priority 2 corridors so that their overall safety, condition and serviceability customer service level equals Fair or better;

B. By 2027, improve all Priority 3 corridors so that their overall safety, condition and serviceability customer service level equals Fair or better;

C. By 2017, implement a pavement program for all Priority 4 corridors that maintains their ride quality customer service level at Fair or better;

D. Continue the light capital paving program on a 7-year cycle for Priority 5 corridors outside compact areas as defined in section 754; and

E. By 2015, develop and implement a similar asset priority and customer service level system of measurement for all major freight and passenger transportation assets owned or supported by the department, including capital goals.

The department shall report to the joint standing committee of the Legislature having jurisdiction over transportation matters by March 1st of each odd-numbered year quantifying progress realized and time that has elapsed since the goals were established. The department shall recommend any remedial actions, including additional funding or revisions to the goals, that the department determines to be necessary or appropriate.

Sec. B-3. 30-A MRSA §6006-G, sub-§1, as enacted by PL 2007, c. 470, Pt. D, §1, is amended to read:

1. Establishment; purposes. The TransCap Trust Fund, referred to in this section as "the fund," is established in the custody of the bank to provide transportation capital investment for the Department of Transportation and municipalities in accordance with this section. The purpose of the fund is to provide financial assistance for the planning, design, acquisition, reconstruction and rehabilitation of transportation capital improvements of all modes including improvements that will forward the capital goals set forth in Title 23, section 73, subsection 6 7.

Sec. B-4. 30-A MRSA §6006-G, sub-§4, ¶B, as enacted by PL 2007, c. 470, Pt. D, §1, is amended to read:

B. To guarantee or insure, directly or indirectly, the payment of notes or bonds issued or to be issued by the State for the purpose of financing capital improvements that will forward the capital goals set forth in Title 23, section 73, subsection 6 7;

PART C

Sec. C-1. 23 MRSA §1201, sub-§16-A, as repealed and replaced by PL 1983, c. 323, is repealed.

PART D

Sec. D-1. Reestablishment of Maine-New Hampshire Interstate Bridge Authority. The Department of Transportation shall develop proposed legislation to reestablish the Maine-New Hampshire Interstate Bridge Authority in accordance with New Hampshire law and provide the authority with additional powers necessary for the construction, reconstruction and rehabilitation of the main spans of the Sarah Mildred Long Bridge and the Interstate 95 High Level Bridge, also known as the Piscataqua River Bridge. In developing the legislation, the department shall implement the recommendations of the Bi-State Bridge Funding Task Force, created pursuant to Executive Order 04 FY 11/12, including authorizing annual transfers from the Maine Turnpike Authority and the department for the maintenance, operation and capital improvement of the Sarah Mildred Long Bridge and the Piscataqua River Bridge. The department shall submit the proposed legislation to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than December 16, 2012. Following receipt and review of the proposed legislation, the joint standing committee may submit a bill to the First Regular Session of the 126th Legislature concerning the proposed legislation.

summary

Part A eliminates the requirement that commercial airports, utility airports, private airports with commercial activity, heliports and temporary landing areas be registered with the Department of Transportation. It also eliminates the requirement that all aircraft, in addition to registering with the Federal Aviation Administration, be registered with the State. It removes the requirement that individuals obtain a permit from the department prior to launching a rocket or missile. Finally, it removes the requirement that the department train and certify airport managers.

Part B refines the capital goals of the Department of Transportation.

Part C removes, at the request of the New Brunswick provincial government, the requirement that there be a sign on Interstate 95 directing travelers to the "Maritime Provinces" and "Northern Maritime Provinces" since those are incorrect names.

Part D requires the Department of Transportation to develop proposed legislation that reestablishes the Maine-New Hampshire Interstate Bridge Authority in accordance with the recommendations of the Bi-State Bridge Funding Task Force.

SP0601 LD 1753	Second Regular Session - 125th Maine Legislature		LR 2555 Item 1
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