An Act To Authorize a General Fund Bond Issue To Provide Funds for the Land for Maine's Future Program
Maine Legislature, Session 122, LD 1035
Committee: Appropriations and Financial Affairs
Sponsors: FISCHER, BRYANT, DUDLEY, MARTIN
Amends: 5 MRSA §6207

Legislative Document 
No. 1035 
H.P.720 
House of Representatives, March 1,2005 
An Act To Authorize a General Fund Bond Issue To Provide Funds 
for the Land for Maine's Future Program 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
7J'/~ 1/7. 7J7ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FISCHER of Presque Isle. (GOVERNOR'S BILL) 
Cosponsored by Senator BRYANT of Oxford and 
Representative: DUDLEY of Portland, Senator: MARTIN of Aroostook. 
PrimeJ on rec.:ycJed 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: 
PART A 
Sec. A·I. 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 
$50,000,000 for the purposes described in section 5 of this Part 
and to access $25,000.000 in matching contributions from public 
and private sources. 
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. A·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. A·3. 
Sale; how negotiated; purposes 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 Part. 
Any unencumbered balances remaining at the completion 
of the project in this Part lapse to the debt service account 
established for the retirement of these bonds. 
Sec. A·4. Interest and debt retirement. 
The Treasurer of State 
shall pay interest due or accruing on any bonds issued under this 
Part and all sums coming due for payment of bonds at maturity. 
Sec. A·5. Disbursement of bond proceeds: purposes. 
The proceeds 
of the bonds must be expended as set out in this Part under the 
direction and supervision of the Land for Maine's Future Board. 
The proceeds of the bonds must be expended for acquisition of 
land and interest in land for conservation. water access. outdoor 
recreation. 
wildlife 
and 
fish 
habitat 
and 
Page l-LR2239(1) 
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 
prohibi ted on 1 and acqui red 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 Part. 
3. 
The bond funds must be matched with at least $25,000,000 
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 30'1-0 may be matching contributions and may include 
the value of project-related, in-kind contributions of goods and 
services to and by cooperating entities. 
'1(} 
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 . 
. 14 
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 
disbursement provisions in this Part, 
may be considered as state match for 
made available to the State. 
are consistent with the 
100°", of the bond proceeds 
any federal funding to be 
Sec. A-6. Allocations from General Fund bond issue. 
of the sale of the bonds authorized under this 
expended as designated in the following schedule. 
The proceeds 
Part must be 
EXECUTIVE DEPARnmNT 
~o 
State Planning Office 
Land for Maine's Future Board 
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, 
$50,000,000 
wildlife and fish habitat and 
farmland preservation. 
Sec. A-7. Contingent upon ratification of bond issue. 
Sections I 
to 
do not become effective unless the people of the State 
ratify the issuance of the bonds as set forth in this Part. 
Sec. A-8. 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. A-9. 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 
Part, 
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. A·10. Referendum for ratification: form of question: effective 
date. 
This Part must be submitted to the legal voters of the 
State at a statewide election in June 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 
statewide 
election, to vote on the acceptance or rejection of this Part by 
voting on the following question: 
"Do you favor a $50,000,000 bond issue to purchase land and 
conservation easements statewide 
from willing sellers for 
conservation, 
water 
access, 
wildlife 
and 
fish 
habitat, 
outdoor 
recreation, 
including 
hunting 
and 
fishing, 
and 
farmland preservation to be matched by at least $25,000,000 
in private and public contributions?" 
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 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 majorit.y of the legal votes are cast in 
favor 
of this Part, 
the 
Governor 
shall proclaim the 
result 
without delay, and this Part 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 
Part necessary to carry out the purposes of this referendum. 
PARTB 
Sec. B·1. 5 MRSA §6207. sub·§3. as amended by PL 2001, c. 466, 
§2, is further amended to read: 
3. 
Priorities. 
Whenever 
possible, 
the 
Land 
for 
Maine's 
Future Fund and the Public Access to Maine Waters Fund must be 
used 
for 
land 
acquisition projects 
when 
matching 
funds 
are 
available from cooperating entities, provided that the proposed 
acquisition meets all other criteria set forth in this chapter. 
For acquisitions funded by the Land for Maine's Future Fund, the 
board shall give priority to projects that conserve lands with 
multiple outstanding resource or recreation values or a single 
exceptional value, support the land conservation needs of service 
center 
communities, 
as 
defined in Title 
30-A, 
section 4301, 
1iJJ.bsectj,~14-1~L provide geographic representation and build upon 
or connect existing holdings. 
JO 
When acquiring land or interest in land, the board shall examine 
public vehicular access rights to the land and, whenever possible 
and appropriate, 
acquire guaranteed public vehicular access as 
part of the acquisition. 
() 
Sec. B·2. Application: contingent on bond issue. 
This Par t takes 
effect only if the bond issue proposed in Part A is approved by 
voters of this State. 
SUMMARY 
Part A of this bill authorizes a bond issue to recapitalize 
the Land for Maine's Future program wi th $50,000,000 to continue 
t.he State's land conservation efforts, to be matched by at least 
$25,000,000 in private and public funds. 
Part B of this bill amends the land acquisition priorities 
of the Land for Maine's Future program to include service center 
communities.