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> Citizens Initiatives > Citizen's Guide to the Referendum Election
Maine Citizen's Guide to the Referendum Election
Office of the Secretary of State Augusta, ME 04333
Dear Fellow Citizen, The information that follows has been compiled to help voters learn about the questions that will appear on the November 6, 2007 Referendum Election ballot. Referendum elections are an important part of the heritage of public participation in Maine. I hope you will help keep our democracy strong by reviewing this information and then casting your ballot. For information about how or where to vote, please contact your local municipal clerk or call Maine’s Division of Elections at 624-7650. Herein you will find:
The Department of the Secretary of State, the Attorney General, the State Treasurer and the Office of Fiscal and Program Review have worked together to compile this information. We hope you find it helpful and we encourage you to vote. Sincerely,
Features in this GuideChapter 316 of the Public Laws of 2005, passed by the First Special Session of the 122nd Legislature, added several features to the Guide. In addition to the Intent and Content summaries prepared by the Office of the Attorney General, and the Treasurer’s Statement and analysis of the debt service on each bond issue, this Guide also includes an estimate of the fiscal impact of each statewide referendum on state revenues, appropriations and allocations. The fiscal impact estimate must summarize the aggregate impact that the ballot measure will have on the General Fund, the Highway Fund, Other Special Revenue Funds and the amounts distributed by the state to local units of government. In addition the Guide may also include public comments in support for or in opposition to each ballot measure. As required by this law, a person filing a public comment for publication must pay a fee of $500 to the Secretary of State. Fees filed with public comments will be deposited in the Public Comment Publication Fund. The money in this fund must be used for the purpose of publishing the Secretary of State’s Guide to the Referendum Election. Pursuant to Chapter 316 of the Public Laws of 2005, the Secretary of State adopted rules regarding the publication of public comment by proponents and opponents of ballot measures. Chapter 520, Rules Regarding Publication of Public Comments on Statewide Referenda, are available on the Secretary of State’s web site at: http://www.maine.gov/sos/cec/elec/2006elec.html. STATE OF MAINE LISTING OF REFERENDUM QUESTIONS
Question 1: Citizen Initiative Do you want to allow a Maine tribe to run a harness racing track with slot machines and high-stakes beano games in Washington County? Question 2: Bond Issue Do you favor a bond issue to stimulate economic development and job creation that would provide $5,000,000 in loans and grant funds and would provide $50,000,000 in research, development and commercialization funds for targeted technology sectors, awarded after a competitive process administered by the Maine Technology Institute, and will leverage at least $50,000,000 in other funds? Question 3: Bond Issue Do you favor a $43,500,000 bond issue for interior and exterior building renovations, improvements and additions at all campuses of the Maine Community College System, the Maine Maritime Academy and the University of Maine System; to replenish the School Revolving Renovation Fund for school repairs and renovations; and to support capital improvements for cultural and educational assets such as museums, historical facilities and libraries? Question 4: Bond Issue Do you favor a $35,500,000 bond issue to invest in land conservation, water access, wildlife habitat, outdoor recreation opportunities, including hunting and fishing, farmland and working waterfront and to invest in state parks, historic sites and riverfront, community and farm infrastructure to be matched by at least $21,875,000 in private and public contributions? Question 5: Referendum Do you favor extending term limits for Legislators from 4 to 6 terms? Treasurer's Statement The State of Maine borrows money by issuing bonds. Bonding is a multi-step process which can generally be described as follows:
The following is a summary of the general obligation bond debt of the State of Maine as of September 1, 2007. Bonds Outstanding (Issued and Maturing through 2017):
If the bonds submitted here are approved by voters and issued for the full statutory period authorized, an estimate of the total interest and principal that may reasonably be expected to be paid is $174,535,000.00 representing $134,000,000.00 in principal and $40,535,000.00 in interest.
Question 1: Citizen InitiativeDo you want to allow a Maine tribe to run a harness racing track with slot machines and high-stakes beano games in Washington County?STATE OF MAINE“An Act to Authorize a Tribal Commercial Track and Slot Machines in Washington County ” Be it enacted by the People of the State of Maine as follows: Sec. 1. 8 MRSA §271, sub-§9, as reallocated by RR 1997, c. 1, §7, is amended to read: 9. Previous year's dates. Beginning with licenses issued for calendar year 1996, notwithstanding any other provision of this chapter, every commercial track or tribal commercial track that is licensed for a specific calendar year must be assigned all of the race dates that it requests for that year if it conducted live racing on those dates during the immediately preceding calendar year. For the purposes of this section, a race date is the same from year to year if it is the closest calendar date that falls on the same day of the week. Sec. 2. 8 MRSA §275-A, sub-§12 is enacted to read: 12. Tribal commercial track. "Tribal commercial track" means a harness racing track, operated by a tribe federally recognized as a tribe in Maine as of January 1, 2005, that:
For purposes of this subsection, distance in miles is determined by measuring the distance from the center of the tribal commercial track along the most commonly used roadway as determined by the Department of Transportation. Sec. 3. 8 MRSA §275-C, sub-§2, as enacted by PL 1997, c. 390, §1, is amended to read: 2. Payments to agricultural fairs conducting live racing. A commercial track or tribal commercial track located within a 35-mile radius of an agricultural fair track may not present a simulcast on a day when the commercial track or tribal commercial track is not conducting live racing and the agricultural fair track is conducting live racing unless the commercial track or tribal commercial track pays the agricultural fair track 2% of the wagers made at the commercial track or tribal commercial track at the time live racing is being conducted at the agricultural fair track and 1% of the wagers on the other races conducted on a day when live racing is being conducted at the agricultural fair track. Sec. 4. 8 MRSA §275-D, sub-§3, as amended by PL 2003, c. 401, §12, is further amended to read: 3. Notice to commercial racetracks or tribal commercial tracks; objections. An applicant shall send written notice of its application for an off-track betting license to any commercial racetrack or tribal commercial track in whose market area the facility will be located and shall present proof to the commission that it has provided the notice. The notice must include all information contained in the application except information described in subsection 2, paragraph Q. A commercial racetrack or tribal commercial track shall notify the commission within 30 days of receiving notice if the racetrack objects to the location of the facility based on adverse impact to the commercial track or tribal commercial track. The commission shall suspend consideration of the application for the 30-day objection period. If the commission receives an objection from a racetrack in whose market area the facility would be located within the 30-day period, the commission shall reject the application. If the commission does not receive an objection within that period, the commission may proceed to consider the application. For purposes of this subsection, the market area is determined by measuring a distance of 50 miles from the center of the racetrack along the most commonly used roadway adjacent to the racetrack, as determined by the Department of Transportation, drawing a circle around the center of the racetrack using that 50-mile measurement. Sec. 5. 8 MRSA §275-D, sub-§6, ¶D, as enacted by PL 1993, c. 388, §8, is amended to read:
§275-N. Limitations on off-track betting facilities The commission may not allow interstate simulcasting or license any off-track betting facility for any calendar year unless during the preceding 2 calendar years there were at least 150 race dates on which live racing actually was conducted at the commercial tracks or tribal commercial track. Interstate simulcasting always must be allowed at any commercial track or tribal commercial track that conducted at least 136 race dates during the immediately preceding 2 calendar years or at an existing commercial track as defined in section 275-A, subsection 1, paragraph B or tribal commercial track as defined in section 275-A, subsection 12 at which at least 35 race dates were conducted during the preceding 2 years if the interstate simulcasting at the commercial track or tribal commercial track is conducted during the regular meeting. For the purposes of this section, any race date that the commission determines was canceled due to a natural or other disaster must be counted as a race date. For the purposes of this section and for the purpose of meeting the requirements of section 275-A, subsection 1, any race date that is canceled at a commercial race track due to the inability to meet the requirements of section 275-A, subsection 9-A because of a horse shortage, as verified by the state steward, is counted as a race date. Sec. 7. 8 MRSA §286, sub-§2, ¶¶A and B, as enacted by PL 1997, c. 528, §46, are amended to read: A. On exotic wagers:
B. On regular wagers:
Sec. 8. 8 MRSA §287, sub-§5, as amended by PL 1999, c. 622, §1, is further amended to read: 5. Definition. For the purposes of this section, "improvements" means the amount paid out for new buildings or for permanent improvements made to improve the facilities utilized by the licensee for conducting its racing meetings; or the amount expended in restoring property or in improving the facility or any part of the facility that results in the addition, replacement or substantial enhancement or restoration of a fixed asset or of a movable asset that is important to efficient operation of the racing meetings. In general, the amounts referred to as improvements include amounts paid that add to the value, improve or substantially prolong the useful life of the racetrack and moveable assets utilized by the licensee for conducting its racing meetings. Amounts paid or incurred for routine repairs and maintenance of property, interest expense or lease payments in connection with the capital improvements are not improvements within the meaning of this section. In order to qualify as an improvement, a substantial enhancement or restoration of an asset must cost at least $2,000 and must be an expenditure that would qualify for depreciation under the United States Internal Revenue Code. A moveable asset may be considered important to the efficient operation of a race meeting if the asset will remain at the commercial track or tribal commercial track or at the offices of the licensee throughout its use and if that asset is directly associated with running races, accommodating patrons of the race meet, conducting pari-mutuel wagering or paying purses. Sec. 9. 8 MRSA §287, sub-§7, as enacted by PL 1999, c. 622, §2, is amended to read: 7. Interim payments to commercial tracks or tribal commercial track. If during the course of any calendar year the commission finds that wagers placed at facilities licensed under this chapter for the year are likely to exceed $35,000,000, it may, if reasonably necessary for improvements to be effected expeditiously, direct the Treasurer of State to make interim payments to a commercial track or tribal commercial track in amounts as the commission finds the commercial track or tribal commercial track is likely to be entitled to receive under this section. If a commercial track or tribal commercial track receives interim payments under this subsection that exceed the total amount the commercial track or tribal commercial track is entitled to receive for the calendar year, the Treasurer of State shall reimburse the General Fund for this excess by retaining money otherwise due to that commercial track or tribal commercial track pursuant to section 295. Sec. 10. 8 MRSA §299, sub-§2, as enacted by PL 2003, c. 687, Pt. A, §4 and affected by Pt. B, §11, is amended to read: 2. Distribution. On May 30th, September 30th and January 30th, all amounts credited to the fund established by this section as of the last day of the preceding month and not distributed before that day must be distributed to each commercial track licensed, including tribal commercial tracks, under section 271, with each track receiving that amount of the money available for distribution determined by multiplying that amount times a fraction, the numerator of which is the total number of live race days conducted by the commercial track during the preceding time period and the denominator of which is the total number of race days conducted by all commercial tracks licensed under section 271 during that time period. The payment in January must be adjusted so that for the prior 3 time periods each commercial track receives that fraction of the total money distributed over the full year from the fund established by this section, the amount determined by multiplying the total amount of money times a fraction, the numerator of which is the number of live race days conducted by the commercial track during the calendar year and the denominator of which is the total number of race days conducted by all commercial tracks licensed under section 271 during that calendar year. Sec. 11. 8 MRSA §300, sub-§1, as enacted by PL 2003, c. 687, Pt. A, §4 and affected by Pt. B, §11, is amended to read: 1. Fund created. The Fund to Stabilize Off-track Betting Facilities is established to provide revenues to those off-track betting facilities licensed and in operation as of December 31, 2003. The fund must also provide revenues to an off-track betting facility licensed and operating after December 31, 2003 within the market area of a tribal commercial track as long as the tribal commercial track is licensed to operate and operates slot machines. Sec. 12. 8 MRSA §1001, sub-§43-A is enacted to read: 43-A. Tribal commercial track. "Tribal commercial track" has the same meaning as in section 275-A, subsection 12. Sec. 13. 8 MRSA §1011, sub-§§2 and 3, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, are amended to read: 2. Eligible persons. The board may accept applications for a license to operate slot machines from a person licensed to operate a tribal commercial track if, by December 31, 2007, the operation of slot machines is approved by an affirmative vote at a regular meeting of the governing body or by referendum by the voters of the municipality where the tribal commercial track is located. The board may also accept applications for a license to operate slot machines from any person who is licensed to operate a commercial track that satisfies the following criteria:
3. Requirements for license; continued commercial track or tribal commercial track licensure. The board may not issue a license to operate slot machines to any person unless that person demonstrates compliance with the qualifications set forth in sections 1016 and 1019. A person who is granted a license to operate slot machines must maintain a license to operate a commercial track or a tribal commercial track, without lapse, suspension or revocation for the duration of the slot machine operator's license. Sec. 14. 8 MRSA §1012, first ¶, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read: An application for renewal of a slot machine operator license must first be approved under this section by the municipal officers of the municipality in which the commercial track or tribal commercial track with slot machines is located or, if the commercial track or tribal commercial track is in an unincorporated place, the application must be approved by the county commissioners of the county in which the commercial track or tribal commercial track with slot machines is located. Sec. 15. 8 MRSA §1012, sub-§1, ¶B, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:
Sec. 16. 8 MRSA §1012, sub-§2, ¶¶A and C, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, are amended to read:
Sec. 17. 8 MRSA §1012, sub-§3, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read: 3. Appeal to board. Any applicant aggrieved by the decision of the municipal officers or county commissioners under this section may appeal to the board within 15 days of the receipt of the written decision of the municipal officers or county commissioners. The board shall hold a public hearing in the city, town or unincorporated place where the premises of the commercial track or tribal commercial track with slot machines are situated. In acting on such an appeal, the board may consider all licensure requirements and findings referred to in subsection 2. If the decision appealed is an application denial, the board may issue the license only if it finds by clear and convincing evidence that the decision was without justifiable cause. Sec. 18. 8 MRSA §1016, sub-§1, ¶B, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read:
Sec. 19. 8 MRSA §1020, sub-§3, ¶¶A and B, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, are amended to read:
Sec. 20. 8 MRSA §1035, as enacted by PL 2003, c. 687, Pt. A, §5 and affected by Pt. B, §11, is amended to read: §1035. Location of slot machines
Sec. 21. 8 MRSA §1036, sub-§2, as amended by PL 2005, c. 109, §1 is further amended to read: 2. Distribution from commercial track or tribal commercial track. A slot machine operator shall collect and distribute
Sec. 22. 17 MRSA §314-A, sub-§5-A is enacted to read: 5-A. Games on nontribal land. Notwithstanding subsection 5, upon proper application, the Chief of the State Police may issue a high-stakes beano license to a federally recognized Indian tribe to operate games on nontribal land in Washington County. The Chief of the State Police may issue a high-stakes beano license in accordance with this section to all federally recognized Indian tribes in the State jointly. SUMMARY This initiated bill authorizes the operation of slot machines at a tribal commercial track. The operation of slot machines at a tribal commercial track is subject to regulation by the Gambling Control Board. The operation of slot machines must be approved by the municipality in which the tribal commercial track is located before the Gambling Control Board may grant a license to operate slot machines to a person licensed to operate that tribal commercial track. This initiated bill also authorizes the issuance of a high-stakes beano license to a federally recognized Indian tribe to operate games on nontribal land in Washington County. Intent and Content Under current Maine law, only one commercial harness racing track that is licensed by the Maine Harness Racing Commission to conduct harness horse races with pari-mutuel wagering, is eligible to be licensed to operate slot machines, and no more than 1,500 slot machines may be licensed in Maine. This Act would increase the statewide limit on the number of slot machines to 3,000 and would allow up to 1,500 slot machines to be licensed at a new type of facility known as a “tribal commercial track.” To be eligible as a “tribal commercial track,” such a facility would have to be: a) a harness horse racing track, b) operated by a tribe in Maine that was a federally recognized tribe as of January 1, 2005, c) located more than 90 miles away from the existing commercial track that operates slot machines (the Bangor racino), and d) located within 45 miles of the operating tribe’s Indian reservation as defined in Title 30 M.R.S.A. chapter 601. Although there are four federally recognized tribes in Maine, only two (the Penobscot Nation and the Passamaquoddy Tribe) have reservations as defined in chapter 601. A tribal commercial track also would have to conduct racing on more than 25 days each calendar year after being licensed by the Maine Harness Racing Commission to conduct harness racing. In order to obtain a license to operate slot machines at a “tribal commercial track,” the applicant would have to receive approval, on or before December 31, 2007, of either the governing body of the municipality in which the track is to be located (e.g., the town council, board of selectmen, or city council), or the voters of that municipality voting at a referendum election. The licensing and operation of slot machines at a tribal commercial track would be regulated by the State Gambling Control Board. Revenues from the slot machines would be distributed according to the statutory formula currently applicable to commercial tracks, with the following variations:
The Act would also authorize the Chief of the State Police to issue a high-stakes beano license to a federally recognized Indian tribe to operate games on non-tribal land in Washington County. The license could be issued jointly to all federally recognized Indian tribes in the State. If approved, this Act would take effect 30 days after proclamation of the vote. A “YES” vote is in favor of the initiative and approves the legislation. A “NO” vote is in opposition to the initiative and disapproves the legislation. Fiscal Impact Statement Presented below is a detailed estimate and subsequent distribution of revenues that may be generated assuming the approval of the host municipal governance body and the successful licensure of one additional commercial racing track and one additional licensed slot machine operator with a total of 500 slot machines on-line in April 2009. This estimate factors in the net effect on the currently licensed facility. It also provides detail on the various General Fund appropriations and Other Special Revenue Funds allocations that will be necessary to implement the provisions of the initiative.
Notes: ¹The Harness Racing Commission within the Department of Agriculture, Food and Rural Resources will require additional General Fund appropriations of $76,162 in fiscal year 2008-09 for the costs of 2 part-time positions and operational costs necessary to regulate the new commercial track. ²The Gambling Control Board within the Department of Public Safety will require additional General Fund appropriations of $288,879 in fiscal year 2008-09 for the costs of one additional Detective position, two addititional Public Safety Inspector positions and operational costs necessary to regulate the new slot machine facility. ³Allocations are needed to allow the distribution of the additional dedicated revenue. Public Comments No public comments were filed in support or in opposition to Question 1. The bond issues to be voted on at the November 6, 2007 Referendum Election are contained in a single legislative Act. Chapter 39 of the Public Laws of 2007, “ An Act to Authorize Bond Issues for Ratification by the Voters for the June and November 2007 Elections and the June 2008 Election and To Transfer Certain Funds” was passed at the First Regular Session of the 123rd Legislature and signed by the Governor on April 10, 2007. Each bond issue will be listed on the ballot as an individual question to be accepted or rejected separately. Question 2 relates to Part D of the legislation, Question 3 relates to Part C of the legislation, and Question 4 relates to Part E. Part F of the legislation is contingent upon approval of Question 4 by the voters. Question 2: Bond Issue Do you favor a bond issue to stimulate economic development and job creation that would provide $5,000,000 in loans and grant funds and would provide $50,000,000 in research, development and commercialization funds for targeted technology sectors, awarded after a competitive process administered by the Maine Technology Institute, and will leverage at least $50,000,000 in other funds? STATE OF MAINE Chapter 39 Public Laws of 2007 An Act To Authorize Bond Issues for Ratification by the Voters for the June and November 2007 Elections and the June 2008 Election and To Transfer Certain Funds PART D Sec. D-1. 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 $55,000,000 for the purposes described in section 6 of this Part. 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. D-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. D-3. Sale; how negotiated; proceeds 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. D-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. D-5. Disbursement of bond proceeds. The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Department of Economic and Community Development, the Finance Authority of Maine and the Maine Rural Development Authority. Sec. D-6. Allocations from General Fund bond issue. The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
Sec. D-7. Contingent upon ratification of bond issue. Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part. Sec. D-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. D-9. Bonds authorized but not issued. Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 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. D-10. Referendum for ratification; submission at election; form of question; effective date. This Part must be submitted to the legal voters of the State at a statewide election held in the month of November following the 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:
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 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. If a majority 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. Intent and Content This Act would authorize the State to issue bonds in an amount not to exceed $55,000,000 to raise funds for purposes of economic development. The bonds would run for a period not longer than 10 years from the date of issue and would be backed by the full faith and credit of the State. Proceeds of the sale of the bonds would be expended as follows: • $50,000,000 would be distributed by the Maine Technology Institute through awards for capital expenditures for research, development and commercialization projects in Maine. The funds would be allocated to projects in the areas of biotechnology, aquaculture and marine technology, composite materials technology, environmental technology, advanced technologies for forestry and agriculture, information technology and precision manufacturing technology, in accordance with the priorities set forth in the Science and Technology Action Plan for Maine prepared by the Office of Innovation in 2005. Funds would be awarded to public and private entities in Maine through a competitive process, and recipients would be required to match these State dollars with an equivalent amount of federal or private funds. • $1,500,000 would be distributed by the Finance Authority of Maine through the existing Economic Recovery Loan Program, which provides loans to Maine businesses that do not have sufficient access to credit but demonstrate the ability to survive, preserve and create jobs and repay the obligations. Projects that may be financed must pertain to manufacturing, industrial, recreational or natural resource enterprises in Maine that are determined by the Authority to provide significant public benefits in relation to the amount of the loan. The requirements for this program are more fully set forth in Title 10 M.R.S.A. section 1026-J and in rules developed by the Finance Authority of Maine. • $1,000,000 would be distributed in the form of loans through the existing Regional Economic Development Revolving Loan Program administered by the Finance Authority of Maine through regional and local economic development agencies to provide assistance to businesses that need it in order to create or retain jobs. To be eligible for a loan, businesses must have sales of under $5 million and fewer than 51 employees and must be conducting business in advanced manufacturing technologies, advanced information systems, advanced biological or natural resource technologies, a defense industry conversion, significant export of goods or services, significant research and development activities; be a micro-business with fewer than 5 employees; or be a qualifying childcare project. The requirements for this program are more fully set forth in Title 10 M.R.S.A. section 1026-M and in rules developed by the Finance Authority of Maine. • $1,000,000 would be placed in the existing Agricultural Marketing Loan Fund, which is a program administered by the Maine Department of Agriculture, Food and Rural Resources and the Finance Authority of Maine, pursuant to Title 10 M.R.S.A. section 1023-J, Title 7 M.R.S.A. chapter 101, subchapter 1-D. The funds would be used to provide loans to Maine businesses engaged in commercial growing or harvesting of plants, raising animals, aquaculture, or processing, storing, packaging or marketing products produced by those businesses. Loans may be used for the design, construction or improvement of commodity and storage buildings and packing and marketing facilities, or for the construction, renovation or acquisition of land, buildings, equipment, docks, wharves, piers, or vessels, located in the State of Maine and used in connection with an agricultural enterprise. • $1,500,000 would be distributed in the form of low interest loans by the Maine Rural Development Authority for the development of new commercial facilities and the acquisition and redevelopment of commercial facilities not currently in productive use in order to create employment opportunities and other economic benefits. The eligibility criteria for these loans are set forth in Title 5 M.R.S.A., Chapter 385, Subchapter IX and the Authority’s rules. If approved, the bond authorization would take effect 30 days after the Governor’s proclamation of the vote. A statement of the Treasurer describing the financial considerations of this bond issue is published together with this statement. A “YES” vote approves the authorization of the $55,000,000 bond issue to finance all of the above activities. A “NO” voter disapproves the bond issue in its entirety.
Debt Service Total estimated life time cost is $71,637,500.00 representing $55,000,000.00 in principal and $16,637,500.00 in interest (assuming interest at 5.5% over 10 years). Fiscal Impact Statement This bond issue has no significant fiscal impact other than the debt service costs identified above. Public Comments No public comments were filed in support or in opposition to Question 2. Question 3: Bond Issue Do you favor a $43,500,000 bond issue for interior and exterior building renovations, improvements and additions at all campuses of the Maine Community College System, the Maine Maritime Academy and the University of Maine System; to replenish the School Revolving Renovation Fund for school repairs and renovations; and to support capital improvements for cultural and educational assets such as museums, historical facilities and libraries?STATE OF MAINE Chapter 39 Public Laws of 2007 An Act To Authorize Bond Issues for Ratification by the Voters for the June and November 2007 Elections and the June 2008 Election and To Transfer Certain Funds PART C Sec. C-1. 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 $43,500,000 for the purposes described in section 6 of this Part. 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. C-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. C-3. Sale; how negotiated; proceeds 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. C-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. C-5. Disbursement of bond proceeds. The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the University of Maine System , the Maine Maritime Academy, the Maine Community College System, the Department of Education and the Maine State Cultural Affairs Council. Sec. C-6. Allocations from General Fund bond issue. The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
Sec. C-7. Contingent upon ratification of bond issue. Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part. Sec. C-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. C-9. Bonds authorized but not issued. Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 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. C-10. Referendum for ratification; submission at election; form of question; effective date. This Part must be submitted to the legal voters of the State at a statewide election held in the month of November following the 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:
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 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. If a majority 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.
Intent and Content This Act would authorize the State to issue bonds in an amount not to exceed $43,500,000 for interior and exterior building renovation and construction projects at higher education facilities in Maine, repairs and renovations to public schools, and matching funds for capital improvements to cultural and educational assets such as museums, historic sites and libraries. The bonds would run for a period not longer than 10 years from the date of issue and would be backed by the full faith and credit of the State. Proceeds of the sale of the bonds would be expended for interior and exterior renovations, improvements and additions at the campuses of the University of Maine System ($23,000,000); all campuses of the Maine Community College System ($15,500,000); and the Maine Maritime Academy campus ($1,500,000). Proceeds of the sale of the bonds in the amount of $1,500,000 would be placed in the School Revolving Renovation Fund administered by the Maine Municipal Bond Bank and would be expended for the purposes authorized pursuant to Title 30-A of the Maine Revised Statutes, section 6006-F. These include making loans to school administrative units for: (1) repair and renovation of school buildings to address serious health, safety and compliance issues such as improving indoor air quality, ensuring accessibility in compliance with the federal Americans with Disabilities Act, repairing or replacing roofs, and removing or abating asbestos; (2) other repairs and improvements related to the structural integrity of school facilities, such as heating systems, doors and windows; and (3) upgrading learning spaces in school buildings such as science laboratories and vocational spaces and increasing classroom flexibility. The Department of Education would determine the eligibility and relative priority of projects for funding under this program, in accordance with section 6006-F. The remaining $2,000,000 in bond proceeds would be distributed as part of the New Century Community Program administered by Maine ’s cultural agencies (which include the State Library, Historic Preservation Commission, Arts Commission, Historical Society, Humanities Council, State Museum and State Archives) under the auspices of the Maine State Cultural Affairs Council. These funds would be used to provide matching grants to eligible nonprofit and community-based organizations for capital improvement projects designed to revitalize downtown areas, preserve and strengthen state and community historic and cultural assets and expand access to digital and educational resources. If approved, the bond authorization would take effect 30 days after the Governor’s proclamation of the vote. A statement of the Treasurer describing the financial considerations of this bond issue is published together with this statement. A “YES” vote approves the authorization of the $55,000,000 bond issue to finance all of the above activities. A “NO” vote disapproves the bond issue in its entirety.
Debt Service Total estimated life time cost is $56,658,750.00 representing $43,500,000.00 in principal and $13,158,750.00 in interest (assuming interest at 5.5% over 10 years). Fiscal Impact Statement This bond issue has no significant fiscal impact other than the debt service costs identified above. Public Comments No public comments were filed in support or in opposition to Question 3. Question 4: Bond Issue Do you favor a $35,500,000 bond issue to invest in land conservation, water access, wildlife habitat, outdoor recreation opportunities, including hunting and fishing, farmland and working waterfront and to invest in state parks, historic sites and riverfront, community and farm infrastructure to be matched by at least $21,875,000 in private and public contributions? STATE OF MAINE Chapter 39 Public Laws of 2007 An Act To Authorize Bond Issues for Ratification by the Voters for the June and November 2007 Elections and the June 2008 Election and To Transfer Certain Funds PART E Sec. E-1. 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 $35,500,000 for the purposes described in section 5 of this Part and to access at least $21,875,000 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. E-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. E-3. Sale; how negotiated; proceeds 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. E-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. E-5. Disbursement of bond proceeds. The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Executive Department, Land for Maine’s Future Board, the Department of Agriculture, Food and Rural Resources, the Department of Conservation and the Department of Economic and Community Development. The proceeds of the bonds to be administered by the Land for Maine’s Future Board must be expended for acquisition of land and interest in land for conservation, water access, outdoor recreation, wildlife and fish habitat, farmland preservation in accordance with the provisions for such acquisitions under the Maine Revised Statutes, Title 5, chapter 353 and working waterfront preservation in accordance with the terms of this Part, 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 prohibited on land acquired with bond proceeds, except to the extent of applicable state, local or federal laws and regulations and except for working waterfront projects and farmland protection projects. 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 its use for the purposes of this Part. In addition to the considerations required under Title 5, chapter 353, the board shall give a preference to acquisitions under this subsection that achieve benefits for multiple towns and that address regional conservation needs including public recreational access, wildlife, open space and farmland. 3. The bond funds expended for conservation, recreation, farmland and water access must be matched with at least $8,500,000 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% may be matching contributions and may include the value of project-related, in-kind contributions of goods and services to and by cooperating entities as defined in Title 5, section 6201, subsection 2. 4. Of the bond proceeds allocated to the Land for Maine’s Future Board, $1,700,000 must be made available to acquire public access to water in accordance with Title 5, section 6203-A. 5. Of the bond proceeds allocated to the Land for Maine’s Future Board, $1,700,000 must be made available to protect farmland in accordance with Title 5, section 6207. 6. Of the bond proceeds allocated to the Land for Maine’s Future Board, $3,000,000 must be made available to protect working waterfront properties in accordance with Public Law 2005, chapter 462, Part B, section 6. 7. To the extent the purposes are consistent with the disbursement provisions in this Part, 100% of the bond proceeds may be considered as state match for any federal funding to be made available to the State. Sec. E-6. Allocations from General Fund bond issue. The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
Sec. E-7. Contingent upon ratification of bond issue. Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part. Sec. E-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. E-9. Bonds authorized but not issued. Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 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. E-10. Referendum for ratification; submission at election; form of question; effective date. This Part must be submitted to the legal voters of the State at a statewide election held in the month of November following the 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:
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 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. If a majority 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. PART F Sec. F-1. 5 MRSA c. 383, sub-c. 3, art. 2-C is enacted to read: ARTICLE 2-C § 13083-T . Riverfront Community Development Program 1. Program established; administration. The Riverfront Community Development Program, referred to in this section as “the program,” is established within the department to assist and encourage communities along the State’s rivers to revitalize their riverfronts in an environmentally sustainable manner and to promote river-oriented community development and enhancement projects. The department shall administer the program in conjunction with the Municipal Investment Trust Fund established under the Maine Municipal Bond Bank to provide funding for the rehabilitation, revitalization and enhancement of riverfront communities and river ecosystems in the State. 2. Review panel. The Riverfront Community Development Review Panel, referred to in this section as “the panel,” is established to evaluate proposals and determine funding under the program. The panel consists of:
3. Review process. The panel shall review proposals for funding under the program in accordance with this subsection.
In reviewing proposals, the panel shall use the scoring system established in subsection 5. 4. Applicant requirements. An applicant for funding under this section must:
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