Maine Legislature, Session 125, LD 0984
Committee: State and Local Government
Sponsors: WATERHOUSE, ROSEN, CHASE, CLARK, SIROCKI, WINSOR

Legislative Document 
No. 984 
H.P. 728 
House of Representatives, March 8, 2011 
RESOLUTION,  Proposing an Amendment to the Constitution of 
Maine To Require a Two-thirds Vote To Approve the Issuance of a 
Bond or Security by the Maine Governmental Facilities Authority 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WATERHOUSE of Bridgton. 
Cosponsored by Senator ROSEN of Hancock and 
Representatives: CHASE of Wells, CLARK of Easton, SIROCKI of Scarborough, WINSOR of 
Norway. 
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. IX, §14 is amended to read: 
Section 14.  Authority and procedure for issuance of bonds.  The credit of 
the State shall not be directly or indirectly loaned in any case, except as provided in 
sections 14-A, 14-B, 14-C and 14-D.  The Legislature shall not create any debt or debts, 
liability or liabilities, on behalf of the State, which shall singly, or in the aggregate, with 
previous debts and liabilities hereafter incurred at any one time, exceed $2,000,000, 
except to suppress insurrection, to repel invasion, or for purposes of war, and except for 
temporary loans to be paid out of money raised by taxation during the fiscal year in which 
they are made, and except for loans to be repaid within 12 months with federal 
transportation funds in amounts not to exceed 50% of transportation funds appropriated 
by the Federal Government in the prior federal fiscal year; and excepting also that 
whenever 2/3 of both Houses shall deem it necessary, by proper enactment ratified by a 
majority of the electors voting thereon at a general or special election, the Legislature 
may authorize the issuance of bonds on behalf of the State at such times and in such 
amounts and for such purposes as approved by such action; but this shall not be construed 
to refer to any money that has been, or may be deposited with this State by the 
Government of the United States, or to any fund which the State shall hold in trust for any 
Indian tribe.  A bond or security to be issued by the Maine Governmental Facilities 
Authority must be authorized by a 2/3 vote of both Houses.  Whenever ratification by the 
electors is essential to the validity of bonds to be issued on behalf of the State, the 
question submitted to the electors shall be accompanied by a statement setting forth the 
total amount of bonds of the State outstanding and unpaid, the total amount of bonds of 
the State authorized and unissued, and the total amount of bonds of the State 
contemplated to be issued if the enactment submitted to the electors be ratified.  For any 
bond authorization requiring ratification of the electors pursuant to this section, if any 
bonds have not been issued within 5 years of the date of ratification, then those bonds 
may not be issued after that date.  Within 2 years after expiration of that 5-year period, 
the Legislature may extend, by a majority vote, the 5-year period for an additional 5 years 
or may deauthorize the bonds.  If the Legislature fails to take action within those 2 years, 
the bond issue shall be considered to be deauthorized and no further bonds may be issued.  
For any bond authorization in existence on November 6, 1984, and for which the 5-year 
period following ratification has expired, no further bonds may be issued unless the 
Legislature, by November 6, 1986, reauthorizes those bonds by a majority vote, for an 
additional 5-year period, failing which all bonds unissued under those authorizations shall 
be considered to be deauthorized.  Temporary loans to be paid out of moneys raised by 
taxation during any fiscal year shall not exceed in the aggregate during the fiscal year in 
question an amount greater than 10% of all the moneys appropriated, authorized and 
allocated by the Legislature from undedicated revenues to the General Fund and 
dedicated revenues to the Highway Fund for that fiscal year, exclusive of proceeds or 
expenditures from the sale of bonds, or greater than 1% of the total valuation of the State 
of Maine, whichever is the lesser. 
; 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 both Houses of the Legislature to authorize the issuance of a bond or 
security by the Maine Governmental Facilities Authority?" 
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 
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 resolution proposes to amend the Constitution of Maine to require a 2/3 vote of 
both Houses of the Legislature to authorize a bond or security to be issued by the Maine 
Governmental Facilities Authority.