An Act To Validate Certain Pro'ceedings Authorizing the Issuance of Bonds and Notes by School Administrativ~' District No. 32 (AFTER DEADLINE)
Maine Legislature, Session 124, LD 0857
Committee: Education and Cultural Affairs
Sponsors: SUTHERLAND, JACKSON, MARTIN, THERIAULT, WILLETTE, SHERMAN

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'Legislative Document 
No. 857 
H.P.588 
House of Representatives, March 5,2009 
An Act To Validate Certain Pro'ceedings Authorizing the Issuance of ' 
Bonds and Notes by School Administrativ~' District No. 32 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a maj ority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative SUTHERLAND of Chapman. 
Cosponsored by Senator JACKSON of Aroostook and 
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1J7.1ll1!£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: MARTIN of Eagle Lake, THERIAULT of Madawaska, WILLETTE of 
Presque Isle, Senator: SHERMAN of Aroostook. 
Printed on recycled pDpcr 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, on December, 12, 2007 the State Board of Education granted concept 
approval to School Administrative District No. 32 for a school cOllstruction project to 
construct and equip a new prekiridergarten to grade 12 school in the Town of Ashland 
and approved $22,057,929 as the total cost for that project with $20,217,001 in 
indebtedness approved for a state and local debt service subsidy arid $1,720,928 in 
indebtedness approved 'as local-only debt and the remainder of the project to be fmanced 
9. 
through a Maine High Performance Schools energy grant not to exceed $120,000; and 
. 
Whereas, on January 31, 2008 at a district referendum the voters of School' 
Administrative District No. 32 approved the school construction project by a vote of 789 
in favor and 38 opposed; and 
Whereas, on June 11, 2008 the State Board of Education granted site preparation 
design and fiinding approval for phase I of the school construction project with a total 
approved project bonded indebtedness not to exceed $21,937,929; and 
Whereas, on August 12, 2008 the State Board of Education granted design and 
funding approval for that school construction project with total approved project bonded 
indebtedness not to exceed $21,937,929; and 
. 
Whereas, pursuant to the Maine Revised' Statutes, Title 20 .. A, section 1311, 
subsection 6, the aggregate principal amount of outstanding bonds or notes issued by a 
school administrative district for school construction purposes may not exceed, at anyone 
time, 10% of the total of the last preceding state valuation of all the municipalities. within 
the district, plus an amount not to exceed 4% of that total district valuation set by the 
State Board of Education at the time of the initial approval of a scho.ol construction 
project; and 
Whereas, at the time that t1,~ State Board of Education approved the School 
Administrative Uistrict No: 32 sCHool construction project, the total indebtedness 
authorized for the school construction project exceeded the limits on indebtedness 
established by the Maine Revised Statutes, Title 20-A, section 1311, subsection 6; and 
. 
Whereas, the 2009 state valuation of all, municipalities in School Administrative 
. 31. 
District No. 32 is $176,750,000; and 
. 
Whereas, the total indebtedness authorized by the State Board of EducatIon for the 
School Administrative District No. 32 school' construction project in the amount of 
$21,937,929 is. within 10% plus 4% of the 2009 state valuation of all municipalities in 
School Administrative District No. 32; and . 
, 
Wh~reas, School Administrative District No. 32 has signed a construction contract 
and borrowed funds in anticipation of the issuance of peITnanent bonds to fmance the 
schoQl construction project; and 
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Whereas, legislative validation of the proceedfugs of the State Board Qf Education 
. and the referendum on the school construction proj ect conducted by School 
Administrative District No. 32 and legislative authorization for School Administrative 
District No. 32 to issue permanent bonds for the school construction project is required in 
order for School Administrative District No. 32 to issue bonds in the amount necessary to . 
complete the school construction project; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and requir~ the following legislation as 
. immediately necessary for the preservation of the public peact?, health and safety; now, 
therefore, 
. Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. Validation and authorization. Notwithstanding the Maine Revised 
Statutes, Title 20-A, section 1311, subsection 6 and any other provision oflaw, the 
concept approval and the design and funding approvals granted by the State Board of 
Education to School Administrative District No. 32 ;for a school construction project to 
construct and equip a prekindergarten'to grade 12 school in the Town of Ashland and the 
school construction referendum on that project conducted on January 31, 2008 and all 
subsequent bond anticipation borrowings. by the district for that ·school construction 
project are validated and the ciistrict is authorized to issue bonds or notes in the name of 
the distriCt for school construction purposes in an amount not to exceed $21,937,929 to 
construct and equip that school construction project. 
Sec. 2. Retroactivity. This Act applies retroactively to December 12, 2007. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill corrects a defect in a bond for school construction approved on December 
12, 2007 by the State Board of Education for School Administrative District No. 32 by 
authorizing the district to issue bonds for the construction retroactive to December 12, 
2007.