Maine Legislature, Session 121, LD 0108
Committee: Transportation
Sponsors: FAIRCLOTH, HATCH, MARLEY, PARADIS, SUSLOVIC, USHER, DAMON

Legislative Document 
No. lOS 
H.P.117 
House of Representatives, January 21, 2003 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine to Allow Transportation Revenues to Fund a Flexible and 
Modern Transportation Policy 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator HATCH of Somerset and 
'!r/~ /J7.7Tbc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: MARLEY of Portland, McLAUGHLIN of Cape Elizabeth, PARADIS of 
Frenchville, SUSLOVIC of Portland, USHER of Westbrook, Senators: DAMON of Hancock, 
SA V AGE of Knox. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. IX, Section 19 is amended to read: 
of 
each 
following 
Section 19. 
Limitation on expenditure of motor vehic1e and 
motor vehic1e fue1 revenues. 
All revenues derived from fees, 
excises and license taxes relating to registration, operation and 
use 
of vehicles 
on public highways, 
and to 
fuels 
used 
for 
propulsion of such vehicles shall be expended solely for funding 
such 
costs 
of 
transportation 
as 
the 
Legislature 
considers 
appropriate. 
Permissible uses include, but are not limited ~ 
the cost of administration, statutory refunds and adjustments, 
payment of debts and liabilities incurred in construction and 
reconstruction of highways and bridges, the cost of construction, 
reconstruction, maintenance and repair of public highways 
and 
bridges under the direction and supervision of a state department 
having jurisdiction over such highways and bridges, the cost of 
administration, 
construction, 
equipment 
purchase 
and 
other 
expenses 
for 
mass 
transit 
and 
for 
trails 
and 
routes 
for 
human-powered transportation and expense for state enforcement of 
traffic laws and shall not be diverted for any purpose, provided 
that these limitations shall not apply to revenue from an excise 
tax on motor vehicles imposed in lieu of personal property tax. 
and be it further 
Constitutional referendum procedure; form of question; effective 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election, on the Tuesday 
following the first Monday of November following the passage of 
this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to allow 
use 
of 
gas 
taxes 
and 
certain other 
revenues 
for 
such 
transportation 
costs 
as 
the 
Legislature 
considers 
appropriate, 
including 
highways, 
mass 
transit 
and 
human-powered transportation?" 
The legal voters of each city, town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
that fact without delay and the amendment becomes part of the 
Constitution on the date of the proclamation; and be it further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution proposes an amendment to the Constitution of 
Maine to allow gas taxes and other highway fund revenue to be 
used 
for 
such 
transportation 
expenses 
as 
the 
Legislature 
considers appropriate. 
The goal of the resolution is to amend 
the Constitution of Maine to reflect modern transportation policy 
that takes into account modern environmental and health research, 
ensuring that Maine communities are designed with transportation 
that makes physical activity and health central to 21st century 
transportation plans.