Maine Legislature, Session 123, LD 0353
Committee: State and Local Government
Sponsors: CRESSEY, GOOLEY, CEBRA, DUPREY, EMERY, JOY, LANSLEY, ROBINSON, VAUGHAN

Legislative Document 
No. 353 
H.P.283 
House of Representatives, January 25, 2007 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Require a 213 Vote of Each House of the Legislature To 
Enact or Increase a Tax or License Fee 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative CRESSEY of Cornish. 
Cosponsored by Senator GOOLEY of Franklin and 
l7/~m.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CEBRA of Naples, DUPREY of Hampden, EMERY of Cutler, JOY of 
Crystal, LANSLEY of Sabattus, McKANE of Newcastle, ROBINSON of Raymond, 
VAUGHAN of Durham. 
Primed on recYf; led paper 
-...... 
Constitutional amendment. Resolved: 
Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed: 
Constitution, Art. IV, Part Third, §24 is enacted to read: 
Section 24. Enactment of or increase in a tax or license fee. After the effective 
date of this section: 
1. Enactment. A tax or license fee may not be imposed or levied unless the tax or 
license fee was enacted by vote of 2/3 of all members elected to each House of the 
Legislature: 
2. Increase. The effective rate of a tax or license fee may not be increased except by 
enactment of legislation approved by 2/3 of all members of each House of the 
Legislature; 
3. Exception; debt payment. 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 enact a tax or 
license fee or increase the rate of taxes or license fees without application of subsections 
and 2; and 
4. Exception; emergency measures. This Section does not apply to enactment of or 
increase in a tax or license fee that is required to receive a vote of more than 2/3 of all 
members of each House ofthe Legislature under another provision ofthis Constitution. 
; 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 held in the month 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 branch of the Legislature to enact or increase taxes or license fees 
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. 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 
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I 
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 
ofthis resolution necessary to carry out the purposes of this referendum. 
SUMMARY 
This bill proposes an amendment to the Constitution of Maine to require approval of 
2/3 of all members of each House of the Legislature to enact or increase taxes or license 
fees except when inadequate funds have been appropriated for debt payment.