Maine Legislature, Session 121, LD 0784
Committee: Taxation
Sponsors: McGOWAN, BLANCHETTE, DUNLAP, PELLON, SHERMAN, TARDY, THOMAS, TOBIN

Legislative Document 
No. 784 
H.P.582 
House of Representatives, February 18, 2003 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Allow the Legislature To Establish a Different Property 
Tax Rate for Secondary Residential Property for Purposes of 
Education Funding and To Protect State Funding of Education 
Reference to the Committee on Taxation suggested and ordered printed. 
Presented by Representative McGOWAN of Pittsfield. 
7!l~ 
'frJ.17!P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BLANCHETTE of Bangor, DUGA Y of Cherryfield, 
DUNLAP of Old Town, PELLON of Machias, SHERMAN of Hodgdon, TARDY of Newport, 
THOMAS of Orono, TOBIN of Dexter. 
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. §8. sub-§6 is enac ted to re ad: 
of 
each 
following 
6. 
Property taxes for education funding. 
The Legislature 
may establish a 
different tax rate for 
secondary residential 
property, as defined by the Legislature, for the portion of the 
property tax that is assessed for the purpose of funding public 
education 
from 
kindergarten 
to 
grade 
as 
defined 
by 
the 
Legislature. 
The Legislature shall establish the procedure to 
determine 
the 
tax 
rate 
for 
secondary 
residential 
property 
established under this subsection. 
Constitution. Art. IX. §§24 and 25 are enacted to read: 
Section 
24. 
Education 
Funding 
Stabilization 
Fund. 
The 
Legislature 
shall 
create 
and 
maintain 
the 
Education 
Funding 
Stabilization Fund for the purpose of ensuring the stability of 
adeg:uate 
revenues 
to 
support 
the 
State's 
contribution 
to 
kindergarten to grade 
public education. 
The 
fund must be 
annually capitalized with at least 25°'0 of the excess of total 
General Fund revenues received over accepted estimates in any 
fiscal year as defined by the Legislature. 
Money from the fund 
may be allocated only for the purpose of meeting the State's 
share of the cost of funding public education from kindergarten 
to grade 12 and only upon a 2/3 vote of all members elected to 
each House of the Legislature. 
Section 
25. 
Dedication 
of 
education 
revenues. 
ALI, 
additional revenues collected as a result of changes to the sales 
tax enacted as a result of a decision by the voters at referendum 
on 
November 
4, 
2003 
reguiring 
the 
Legislature 
to 
provide 
additional funds to meet the State's obligation to fund education 
must be dedicated to support kindergarten to grade 12 education 
unless 
appropriated for 
a 
different purpose 
by 
an 
enactme~t 
approved by a vote of 213 of all the members elected to each 
House of the Legislature. 
; and be it further 
Constitutional referendum procedure; form of question: 
effectiv~ 
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 
Page l-LR1769(1) 
amendment 
proposed 
in 
this 
following question: 
resolution 
by 
voting 
upon 
the 
"Do you favor amending the Constitution of Maine to permit 
the 
Legislature 
to 
establish 
a 
different 
tax 
rate 
for 
secondary residential property for the purpose of funding 
public education from kindergarten to grade 12, to establish 
the 
Education 
Funding 
Stabilization 
Fund 
dedicated 
to 
providing 
a 
stable 
source 
of 
state 
revenue 
to 
support 
kindergarten 
to 
grade 
education 
and 
to 
dedicate 
additional 
sales 
tax 
revenue 
enacted 
as 
a 
result of 
a 
referendum to support kindergarten to grade 12 education?" 
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 
2G 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, to"TD 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution proposes to amend the Constitution of Maine 
to permit the Legislature to establish a different tax rate for 
secondary residential property for the purpose of funding public 
education 
from 
kindergarten 
to 
grade 
12, 
to 
establish 
the 
Education Funding Stabilization Fund dedicated to providing 
a 
stable source of state revenue to support kindergarten to grade 
education and to dedicate additional sales tax revenue enacted 
as a result of a referendum to support kindergarten to grade 12 
education unless otherwise appropriated by a 
2/3 vote of each 
House of the Legislature.