An Act To Authorize a General Fund Bond Issue in the Amount of $65,000,000 To Finance the Acquisition of Land and Interest in Land for Conservation, Water Access, Outdoor Recreation, Wildlife and Fish Habitat and Farmland Preservation; To Fund Capital Improvements to State Parks and Other Historic Public Areas; and To Access $30,250,000 in Matching Contributions from Public and Private Sources
Maine Legislature, Session 121, LD 1878
Committee: Appropriations and Financial Affairs
Sponsors: RICHARDSON, TREAT, COLWELL, DUPLESSIE, PINGREE, SMITH, WATSON, SAWYER, TURNER

Legislative Document 
No.IS7S 
H.P.1395 
House of Representatives, February 25,2004 
An Act To Authorize a General Fund Bond Issue in the Amount of 
$65,000,000 To Finance the Acquisition of Land and Interest in 
Land for Conservation, Water Access, Outdoor Recreation, Wildlife 
and Fish Habitat and Farmland Preservation; To Fund Capital 
Improvements to State Parks and Other Historic Public Areas; and 
To Access $30,250,000 in Matching Contributions from Public and 
Private Sources 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
'77/~ 'frJ·llldC~ 
MILLICENTM. MacFARLAND 
Clerk 
Presented by Representative RICHARDSON of Brunswick. (GOVERNOR'S BILL) 
Cosponsored by Senator TREAT of Kennebec and 
Representati ves: Speaker COLWELL of Gardiner, DUPLESSIE of Westbrook, McKEE of 
Wayne, PINGREE of North Haven, SMITH of Monmouth, WATSON of Bath, Senators: 
SAWYER of Penobscot, TURNER of Cumberland. 
Printed on recycled paper 
Preamble. 
Two 
thirds of both Houses 
deeming it necessary in accordance with 
Maine, Article IX, Section 14 to authorize 
on behalf of the State of Maine to provide 
this Act, 
of the Legislature 
the Constitution of 
the issuance of bonds 
funds as described in 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. Authorization of bonds. 
The Treasurer of State is 
authorized, under the direction of the Governor, to issue bonds 
in the name and on behalf of the State in an amount not exceeding 
$65,000,000 for the purposes described in section 8 of this Act 
and to access $30,250,000 in matching contributions from public 
and private sources. 
No more than $25,000,000 may be issued in 
the first year and no more than $20,000,000 may be issued in each 
of the 2 subsequent years, except that any unused balance may be 
added to the specified amount in subsequent years. 
The bonds are 
a pledge of the full faith and credit of the State. 
The bonds 
may not run for a period longer than 10 years from the date of 
the original issue of the bonds. 
At 
the discretion of the 
Treasurer of State, 
with the 
approval 
of 
the 
Governor, 
any 
issuance of bonds may contain a call feature. 
Sec. 2. Records of bonds issued kept by Treasurer of State. 
The 
Treasurer of State shall keep an account of each bond showing the 
number of the bond, the name of the successful bidder to whom 
sold, the amount received for the bond, the date of sale and the 
date when payable. 
Sec. 3. 
Sale; 
how negotiated; 
proceeds appropriated. 
The 
Treasurer of State may 
negotiate 
the 
sale of 
the 
bonds 
by 
direction of the Governor, but no bond may be loaned, pledged or 
hypothecated on behalf of the State. 
The proceeds of the sale of 
the bonds, which must be held by the Treasurer of State and paid 
by the Treasurer of State upon warrants 
drawn by the State 
Controller, are appropriated solely for the purposes set forth in 
this Act. 
Any unencumbered balances remaining at the completion 
of the project in this Act lapse to the debt service account 
established for the retirement of these bonds. 
Sec. 4. Taxable bond option. 
The Treasurer of State, at the 
direction of the Governor, shall covenant and consent that the 
interest on the bonds is includable under the United States 
Internal Revenue Code in the gross income of the holders of the 
bonds to the same extent and in the same manner that the interest 
on bills, bonds, notes or other obligations of the United States 
is includable in the gross income of the holders under the United 
States Internal Revenue Code or any subsequent law. 
The powers 
conferred by this section are not subject to any limitations or 
Page l-LR2798(1) 
restrictions of any law that may limit the power to so covenant 
and consent. 
Sec. 5. Interest and debt retirement. 
The Treasurer of State 
shall pay interest due or accruing on any bonds issued under this 
Act and all sums coming due for payment of bonds at maturity. 
Sec. 6. Disbursement of bond proceeds allocated to Land for Maine's 
Future Board. 
The proceeds of the bonds allocated to the Land 
for Maine's Future Board must be expended for acquisition of land 
and interest in land for conservation, 
water access, 
outdoor 
recreation, wildlife and fish habitat and farmland preservation 
in accordance with the provisions for such acquisitions under the 
Maine Revised Statutes, Title 5, chapter 353, including all costs 
associated 
with 
such 
acquisitions, 
except 
that 
use 
of 
the 
proceeds of these bonds is subject to the following conditions 
and requirements. 
1. 
Hunting, fishing, trapping and public access may not be 
prohibited on land acquired with bond proceeds, except to the 
extent of applicable state, local or federal laws and regulations. 
2. 
Payment from bond proceeds for acquisitions of local or 
regional significance, 
as determined by the Land for Maine's 
Future Board, may be made directly to cooperating entities as 
defined in Title 5, section 6201, subsection 2 for acquisition of 
land and interest in land by cooperating entities, subject to 
terms and conditions enforceable by the State to ensure their use 
for the purposes of this Act. 
3. 
The bond funds must be matched with at least $30,000,000 
in public and private contributions. 
Seventy percent of that 
amount must be in the form of cash or other tangible assets, 
including the value of land and real property interest acquired 
by or contributed to cooperating entities when property interests 
have 
a 
direct 
relationship 
to 
the 
property 
proposed 
for 
protection, as determined by the Land for Maine's Future Board. 
The remaining 
300~ may be matching contributions and may include 
the value of project-related, in-kind contributions of goods and 
services to and by cooperating entities. 
4. 
Ten percent of the bond proceeds allocated to the Land 
for Maine's Future Board must be made available to acquire public 
access to water in accordance with the provisions of Title 5, 
section 6203-A. 
5. 
Ten percent of the bond proceeds allocated to the Land 
for Maine's 
Future 
Board must 
be 
made 
available to protect 
farmland in accordance with Title 5, section 6207. 
6. 
To 
the extent the purposes are consistent with the 
disbursement provisions in this Act, 100% of the bond proceeds 
may be considered as state match for any federal funding to be 
made available to the State. 
Sec. 7. Disbursement of bond proceeds allocated to Bureau of Parks 
and Lands, Department of Conservation. 
The proceeds of the bonds 
allocated to 
the 
Bureau 
of 
Parks 
and 
Lands, 
Department 
of 
Conservation must be expended for capital improvements in state 
parks, historic sites and in other state-owned parks. 
These bond 
funds 
must be matched with at least $250,000 in public 
and 
private contributions. 
To the extent the purposes are consistent 
with disbursement provlslons in this Act, 
100'l-o of these bond 
proceeds may be considered as state match for any federal funding 
to be made available to the State. 
Sec. 8. Allocations from General Fund bond issue. 
of the sale of the bonds authorized under this 
expended as designated in the following schedule. 
EXECUTIVE DEPAR"J."MENT 
State Planning Office 
Land for Maine's Future Board 
All Other 
Provides for the use of bond proceeds to be 
used for the acquisition of land and 
interest in land for conservation, water 
access, outdoor recreation, wildlife and 
fish habitat and farmland preservation. 
Department of Conservation 
Bureau of Parks and Lands 
All Other 
Provides for the use of bond proceeds to 
make capital improvements and conduct major 
maintenance at state parks and historic 
sites and other state-owned parks. 
The proceeds 
Act must be 
$60,000,000 
$5,000,000 
Sec. 9. Contingent upon ratification of bond issue. 
Sections 1 to 
do not become effective unless the people of the State ratify 
the issuance of the bonds as set forth in this Act. 
Sec. 10. Appropriation balances at year-end. 
At the end of each 
fiscal year, all unencumbered appropriation balances representing 
state money carry forward. 
Bond proceeds that have not been 
expended within 10 years after the date of the sale of the bonds 
lapse to General Fund debt service. 
Sec. 11. Bonds authorized but not issued. 
Any bonds authorized 
but not issued, or for which bond anticipation notes are not 
issued 
within 
years 
of 
ratification 
of 
this 
Act, 
are 
deauthorized and may not be issued, except that the Legislature 
may, within 2 years after the expiration of that 5-year period, 
extend the period for issuing any remaining unissued bonds or 
bond anticipation notes for an additional amount of time not to 
exceed 5 years. 
Sec. 12. Referendum for ratification; submission at general election; 
form of question; effective date. 
This Act must be submitted to the 
legal voters of the State at the next general election in the 
month of November following passage of this Act. 
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 general election, to vote on the 
acceptance or rejection of this Act by voting on the following 
question: 
"Do 
you 
favor 
a 
$65,000,000 
bond 
issue, 
including 
$60,000,000 to purchase public land and easements statewide 
from willing sellers for conservation, water access, outdoor 
recreation including hunting and fishing, wildlife and fish 
habitat 
and 
farmland 
preservation, 
and 
$5,000,000 
for 
necessary 
capital 
improvements 
to 
state parks, 
historic 
si tes and other state-owned parks, all to be matched by at 
least $30,250,000 in private and public contributions?" 
The legal 
vote by ballot 
cross or check 
voters of each city, town and plantation shall 
on this question and designate their choice by a 
mark placed wi thin a 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 a majority of the legal votes are cast in 
favor of this Act, the Governor shall proclaim the result without 
delay, and this Act becomes effective 30 days after the date of 
the proclamation. 
The Secretary of State shall prepare and furnish to each 
city, town and plantation all ballots, returns and copies of this 
Act necessary to carry out the purposes of this referendum. 
SUMMARY 
The purpose of this legislation is to recapitalize the Land 
for Maine's Future program with $60,000,000 over 
years to 
continue Maine's land conservation efforts, leveraging a minimum 
of 
$30,000,000 
in 
required 
matching 
funds. 
The 
funding 
priorities include: 
1. 
Conservation properties in the rapidly developing areas 
of southern and coastal Maine; 
2. 
Public 
access 
to 
outdoor 
recreational 
opportunities 
statewide; 
3. 
Protection via easement of traditional public access and 
uses in the North Woods and support for sustainable forestry and 
strategically targeted fee acquisitions in areas of very high 
public value; 
4. 
Farmland protection to support an economically viable 
agricultural sector; 
5. 
Public access to coastal and inland waters; and 
6. 
Highly significant wildlife habitat and ecological areas. 
This bond issue also provides additional funds of $5,000,000 
for capital improvements to state parks, historic sites and other 
state-owned parks, 
including 
$1,000,000 
for 
Capitol 
Park 
in 
Augusta. 
This 
bond 
anticipates 
a 
total 
of 
an 
additional 
$30,250,000 in matching funds from federal and other sources.