Maine Legislature, Session 122, LD 1422
Committee: State and Local Government
Sponsors: MERRILL, STRIMLING, BOWEN, CURLEY, KAELIN, MILLETT, RICHARDSON, SA VIELLO, NUTTING, RA YE

Legislative Document 
No. 1422 
H.P.986 
House of Representatives, March 22, 2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Help Voters Control the Cost of Government 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative MERRILL of Appleton. 
Cosponsored by Senator STRIMLING of Cumberland and 
'77/~ 1J1. 71lt1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BOWEN of Rockport, CURLEY of Scarborough, KAELIN of Winterport, 
MILLETT of Waterford, RICHARDSON of Warren, SA VIELLO of Wilton, Senators: 
NUTTING of Androscoggin, RA YE of Washington. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thi rds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. IX, §24 is enacted to read: 
of 
each 
following 
Section. 
24. 
Balanced budget; 
establishment of Special 
Reserve Account; limitation on issuance of bonds. 
1. 
Amount 
of 
expenditures 
authorized. 
The 
Legislature 
shall pass in the first year of each biennium a balanced General 
Fund budget based on best estimates of projected revenue. 
If the 
budget is enacted as an emergency measure pursuant to Article IV, 
Part 
Third, 
Section 
16, 
the 
Legislature 
may 
authorize 
expenditures up to an amount that 
dQ~_~ __ !lQt exceed the projected 
revenues for the biennium. 
If the budget is not enacted as an 
emergency measure pursuant to Article IV, Part Third, Section 16, 
the Legislature may authorize expenditures only up to an amount 
that equals 95 Q" of projected revenues for the biennium, unless a 
sum equal to 5% of the projected revenues is held by the State in 
the special reserve account established pursuant to subsection 3. 
2. 
Impact of revised projections. 
If at any time revisions 
to revenue projections result in the failure of a duly enacted 
budget to meet the revenue and expenditure requirements set forth 
in subsection 1, 
the Legislature shall enact 
a 
supplemental 
budget 
that 
results 
in 
conformi ty 
with 
the 
revenue 
and 
expenditure requirements set forth in subsection 1. 
3. 
Special 
reserve 
account. 
The 
Legisldtule 
shall 
establish a special reserve account. 
Funds in this account may 
be expended only: 
A. 
Through enactment of an emergency measure pursuant to 
Article IV, Part Third, Section 16; or 
B. 
Through 
enactment 
of 
a 
measure 
that 
is 
expressly 
C9nditioned 
on 
thp 
ppnpl e' 5 
retific:.tion 
b~' a 
L\J[UlcndulTl 
vote pursuant to Article IV, Part Third, Section 19. 
4. 
Limitation 
on 
issuance 
of 
bonds. 
Notwithstanding 
Sections 14, 14-A, 14-B, 14-C and 14-D , the Legislature may not 
issue bonds pursuant to those sections unless the special reserve 
account established pursuant to subsection 3 contains funds in an 
amount that equals or exceeds 
5°-0 
of the total budget in the 
biennium in which the bonds are authorized. 
5. 
Other 
borrowing. 
Any 
money 
the 
State 
acquires 
by 
creating an obligation that will extend beyond the term of the 
Page l-LR1755(1) 
Legislature that creates it must be authorized by a 2/3 majority 
of the Legislature. 
6. 
Transition period. 
Notwithstanding subsection 1, in the 
first 
biennium 
in 
which 
this 
section 
is 
in 
effect. 
the 
Legislature may authorize expenditures in excess of an amount 
that equals 95o" of projected revenues for the biennium if the 
State holds an amount equal to 
5'1-0 of the projected revenues for 
that year in a reserve fund. 
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 balanced budget, establish a special reserve account and 
place a limitation on the issuance of bonds?" 
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 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 
fllrthpr 
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 bill proposes an amendment the 
require a balanced budget, establish a 
and place a limitation on the issuance of 
Constitution of Maine to 
special reserve account 
bonds.