Maine Legislature, Session 121, LD 0801
Committee Amendment CA_A_S235 (Senate)

COMMITTEE AMENDMENT "/t,, to S.P. 280, L.D. 801, "RESOLUTION, 
Proposing an Amendment to the Constitution of Maine To Require a 
Vote of 2/3 of Each House of the Legislature To Enact or Increase 
a Tax" 
Amend 
the 
resolution 
by 
striking 
out 
the 
title 
and 
substituting the following: 
'RESOLUTION, Proposing an Amendment to the Constitution of Maine 
To Require a Vote of 2/3 of Each House of the Legislature To 
Enact or Increase a Tax or Certain Fees' 
Further 
amend the resolution by striking out everything 
after the title and before the summary and inserting in its place 
the following: 
'Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
of 
each 
following 
Constitution, Art. IV, Part Third, §24 is enacted to read: 
Section 24. 
Enactment of or increase in tax or certain 
license fees. 
The following provisions apply to the enactment of 
or increase in a tax or certain license fees. 
1. 
Enactment. 
A tax or license fee assessed by the State 
may not be enacted except by vote of at least 2/3 of all members 
of each House of the Legislature. 
For purposes of this section, 
"license 
fee" 
means 
license 
and 
registration fees 
that are 
assessed by the State in connection with the operation of motor 
vehicles on the roads and highways of the State or for the 
privilege of hunting or fishing, including commercial fishing, in 
the State. 
Page I-LR0293(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A .. to S.P. 280, L.D. 801 
2. 
Increase. 
A tax or license fee assessed by the State 
m~ not be increased except by vote of at least 2/3 of all 
members of each House of the Legislature. 
3. 
Repeal. 
A tax exemption may not be repealed except by 
vote of at least 2/3 of all members of each House of the 
Legislature. 
4. 
Exception: debt papent. 
To the extent necessary to 
make up for General Fund revenues set apart by the Treasurer of 
State to pay interest and principal on bonded debt as provided 
under Article V. 
Part Third. 
Section 5. 
the Legislature may 
eliminate a tax exemption without application of subsection 3 or 
enact a tax or license fee or increase the rate of taxes or 
license fees without application of subsections 1 and 2. 
; 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 require 
a 
2/3 
vote of all the 
members 
of each 
House 
of 
the 
Legislature to enact or increase state taxes or certain 
license fees or to eliminate tax exemptions except when 
inadequate funds have been appropriated for debt payment?" 
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 of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: 
That 
Secretary of State shall prepare and furnish to each city, 
and 
plantation 
all 
ballots, 
returns 
and 
copies 
of 
the 
town 
this 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,It" to S.P. 280, L.D. 801 
resolution 
necessary 
to 
carry 
out 
the 
purposes 
of 
this 
referendum. ' 
SUMMARY 
This amendment clarifies that the constitutional resolution 
requires approval of 2/3 of each House of the Legislature to 
enact or increase state taxes or license fees or repeal existing 
tax 
exemptions 
except 
when 
inadequate 
funds 
have 
been 
appropriated for debt payment. 
FISCAL NOTE REQillRED 
(See attached) 
COMMITTEE AMENDMENT 
Referendum Costs 
Approved: 05/21103 :b7ac:.. 
Office of Fiscal and Program Review 
LD801 
RESOLUTION, Proposing an Amendment to the Constitution of Maine 
To Require a Vote of 2/3 of Each House of the Legislature To Enact or 
Increase a Tax or Certain Fees 
LR 0293(02) 
£ 
Fiscal Note for Bill as Amended by Committee Amendment ,1/, g ·23_ 
Committee: Taxation 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
MonthN ear 
Election Type 
Question 
Nov-03 
General 
Referendum 
Length 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions increases the ballot length, an additional 
appropriation of $8,000 or more may be required. 
LR0293(2) - Fiscal Note - Page 1 of 1