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MAINE CITIZEN'S GUIDE TO THE
REFERENDUM ELECTION

Tuesday, November 4, 1997

In Accordance with the Resolution Passed
by the 117th Legislature at the Second
Special Session and the Acts and Resolutions
Passed by the 118th Legislature at the First
Regular Session and Special Session

Dan A. Gwadosky
Secretary of State

Appropriation 010-29A-3213-012


State of Maine
Office of the Secretary of State
Augusta, Maine 04333

Dear Fellow Citizen,

All eligible Maine residents may vote in the referendum election on November 4, 1997. The information in this booklet is intended to help you learn about the issues so that you can make your own, well-informed decisions about how to vote. Referendum elections are an important part of the heritage of public participation in Maine, so I hope you will help keep our democracy strong by voting.

For information about how or where you vote, you may contact your local municipal clerk or call Maine's Division of Elections at 287-4186.

Now, enclosed in this booklet you will find:

The Department of the Secretary of State, the State Treasurer and the Attorney General have worked together to prepare this booklet for you. We hope you find it helpful and that you will vote in the November 4, 1997 referendum election.

Sincerely,

Dan A. Gwadosky
Secretary of State


STATE OF MAINE
Referendum Election, November 4, 1997
LISTING OF REFERENDUM QUESTIONS

Question 1: Carry-over Measure
Do you want the Compact for Maine's Forests to become law to promote sustainable forest management practices throughout the State?

Question 2: Bond Issue
Do you favor a $7,000,000 bond issue, which will match $15,000,000 in federal funds, to construct water pollution control facilities, to clean up tire stockpiles and to make drinking water improvements?

Question 3: Bond Issue
Do you favor a $10,000,000 bond issue to provide funding for the Adaptive Equipment Loan Program fund, which provides loans to individuals with disabilities to purchase adaptive equipment and to small businesses to improve accessibility, and for improving accessibility and addressing related safety issues at the University of Maine System and at the State House?

Question 4: Bond Issue
Do you favor a $56,850,000 bond issue for improvements to municipal and state roads, state and local bridges, airports, state ferry vessels and terminals and rail and marine facilities that makes the State eligible for approximately $129,740,000 in matching federal funds?

Question 5: Constitutional Amendment
Do you favor amending the Constitution of Maine to remove the language providing that all persons under guardianship for reasons of mental illness are disqualified from voting?

Question 6: Referendum Question
Do you favor adding one travel lane in each direction to the southern end of the Maine Turnpike, paid for by turnpike tolls, to reduce accidents and congestion?

TREASURER'S STATEMENT

The State of Maine borrows money by issuing bonds. Bonds spread the payments for projects over their useful life so that all benefiting from the projects pay for them. Bonding is a multi-step process which can generally be described as follows: 1. The Legislature decides which projects it believes should be funded from bond proceeds (money acquired from the sale of bonds) and puts the projects out for voter approval as required by the State Constitution. 2. The voters, at a general or special election, approve or reject each proposed project. 3. The State Treasurer issues bonds to pay for those projects approved by the voters or otherwise authorized by the Constitution. A person or institution purchasing the bonds is, in effect, loaning the State of Maine money in return for interest payments during the term of the bond. 4. The Treasurer distributes the money acquired from the sale of bonds in accordance with the legislation authorizing bonds for approved projects. 5. The Treasurer pays interest twice yearly to bond purchasers until the maturity date when the Treasurer pays them principal as well.

The following is a summary of the bond debt of the State of Maine as of June 30, 1997.

Bonds Outstanding (Issued and
Maturing Through 2008)
:
Principal Interest Total
Highway fund $129,060,000.00 $29,251,850.00 $158,311,850.00
General fund $341,150,000.00 $73,612,450.00 $414,762,450.00
Total $470,210,000.00 $102,864,300.00 $573,074,300.00
Unissued Bonds Authorized
by Voters
$ 53,455,316.00
Unissued Bonds Authorized
by the Constitution and Laws:
$ 99,000,000.00
Total Unissued Bonds: $152,455,316.00
The Total Amount That Must
Be Paid in the Present Fiscal
Year for Debt Already
Outstanding (7/1/97 - 6/30/98)
$ 76,665,000.00 $ 25,226,324.28 $101,891,324.28

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 $110,449,487.50, representing $73,850,000.00 in principal and $36,599,487.50 in interest.

DALE McCORMICK
TREASURER OF STATE


Question 1: Carry-over Measure

Do you want the Compact for Maine's Forests to become law to promote sustainable forest management practices throughout the State?


STATE OF MAINE

Chapter 1
Competing Measure Resolutions of 1996
Approved September 7, 1996

"RESOLUTION, Proposing a Competing Measure under the Constitution
of Maine to Implement the Compact for Maine's Forests"

RESOLVED: That, pursuant to the Constitution of Maine, Article IV, Part Third, Section 18, subsection 2, the Legislature intends that the following be submitted to the electors of the State as a competing measure to Initiated Bill 4, Legislative Document 1819 of the 117th Legislature, "An Act to Promote Forest Rehabilitation and Eliminate Clearcutting."

Sec. 1. 5 MRSA 12004-G, sub-12-A is enacted to read:

12-A.
Environment/
Natural
Resources
Sustainable
Forest
Management Audit Board
Not Authorized 12 MRSA
8870-C

This subsection is repealed 90 days after the adjournment of the Second Regular Session of the 120th Legislature.

Sec. 2. 12 MRSA 8611, sub-2, as amended by PL 1989, c. 700, Pt. A, 40, is further amended to read:

2. Natural resource educator. The director shall employ a natural resource educator to develop and coordinate natural resource education, workshops and training opportunities for the general public, school-age children, forest landowners, forest products harvesters and forest managers. By February 15, 1997, the director shall convene a natural resource education advisory committee to include, but not be limited to, members that represent forest landowners, forest products harvesters, forest managers and environmental education organizations. The committee shall serve in an advisory capacity to the natural resource educator. Specifically, this person shall:

Sec. 3. 12 MRSA §8866 is enacted to read:

§8866. Purpose

The Legislature finds that forest management, when practiced in accordance with environmentally sound silvicultural principles, constitutes a beneficial and desirable use of the State's forest resource and makes vital contributions to the economy, environment and aesthetic features of the State. The tradition of using the forest resource for the production of forest products and related commercial activities, for recreation and for sustenance of the State's fisheries and wildlife is essential to the favorable quality of life in the State.

The Legislature finds that timber harvesting is a traditional and legitimate use of the State's lands. The Legislature finds further that it is vital to the welfare of the State that any law, rule or ordinance enacted to regulate this activity seek a lawful balance between the constitutional rights of all private property owners affected by the regulation or activity and the interests of the citizens of the State to protect public health, safety and welfare.

Sec. 4. 12 MRSA §8867, as amended by PL 1991, c. 722, §4, is repealed.

Sec. 5. 12 MRSA §8867-A is enacted to read:

§8867-A. Rulemaking

No later than May 1, 1997, the Commissioner of Conservation shall provisionally adopt rules in accordance with Title 5, chapter 375 to implement this subchapter. Rules adopted pursuant to this subchapter are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.

The Commissioner of Conservation shall consult with the Commissioner of Environmental Protection and the Commissioner of Inland Fisheries and Wildlife to ensure that bureau rules are consistent with wildlife habitat and environmental protection.

Sec. 6. 12 MRSA §8868, as enacted by PL 1989, c. 555, §10, is repealed.

Sec. 7. 12 MRSA §8868-A is enacted to read:

§8868-A. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Acceptable growing stock. "Acceptable growing stock" means live trees of commercially valuable species classified as sawtimber or pole-timber, that are not culls, or saplings or seedlings capable of developing into trees suitable for producing merchantable products.

2. Affiliated interest. "Affiliated interest" means:

The commissioner by rule shall define what constitutes a controlling ownership interest. Rules adopted by the commissioner pursuant to this subsection are major substantive rules.

3. Certified wildlife professional. "Certified wildlife professional" means a person who meets the education and experience requirements of a certified wildlife biologist as defined by a professional organization that certifies wildlife professionals.

4. Clear-cut. "Clear-cut" means any timber harvesting on a forested site greater than 5 acres in size that results in a residual stand that does not meet either of the following conditions:

5. Forest lands owned by a landowner. "Forest lands owned by a landowner" means any forest land in which a landowner or any affiliated interest possesses a dominant ownership interest with respect to timber harvesting. The commissioner by rule shall define what indicia of ownership constitutes a dominant ownership interest. Rules adopted by the commissioner pursuant to this subsection are major substantive rules.

6. Forest management plan. "Forest management plan" means a site-specific document signed by a licensed professional forester outlining proposed activities to ensure compliance with performance standards and regeneration requirements established pursuant to this subchapter.

7. Landowner. "Landowner" means a person, firm, association, organization, partnership, cotenant, joint tenant, trust, company, corporation, state agency or other legal entity or entities that possess a dominant ownership interest in land with respect to timber harvesting. The commissioner by rule shall define what indicia of ownership constitutes a dominant ownership interest. Rules adopted by the commissioner pursuant to this subsection are major substantive rules.

8. Licensed professional forester. "Licensed professional forester" means a person licensed pursuant to Title 32, chapter 75.

9. Parcel. "Parcel" means a contiguous tract or plot of forest land owned by a landowner. Multiple contiguous tracts, plots or parcels of forest land owned by the same landowner are considered a single parcel for the purposes of this subchapter.

10. Timber harvesting. "Timber harvesting" means the cutting or removal of at least 50 cords of timber for the primary purpose of selling or processing forest products.

Sec. 8. 12 MRSA §8869, as amended by PL 1995, c. 122, §1 and affected by §2, is repealed.

Sec. 9. 12 MRSA §§8869-A and 8870 are enacted to read:

§8869-A. Timber harvesting rules

Timber harvesting is regulated in this subchapter as follows.

1. Rule-making authority. The Commissioner of Conservation shall adopt rules to regulate timber harvesting pursuant to this subchapter in order to promote a healthy and sustainable forest that contains a balance of age classes necessary for a sustainable timber supply and spatial and compositional diversity, to protect water quality, to minimize soil erosion and to address unreasonable adverse impacts on fisheries and wildlife habitat. Such rules must describe with specificity the class of activities covered by the rules and may establish standards of performance, design, regeneration or use as appropriate to balance the need to avoid unreasonable environmental impacts with the considerations of the practicality and costs of implementation and enforcement. Such rules must to the extent possible be developed in consideration of their practicality and costs of implementation and enforcement. Any such rules must require notification to the Commissioner of Conservation prior to the undertaking of the regulated activity. Rules must also include a streamlined notification process to the Commissioner of Conservation prior to the undertaking of any activity requiring certification. The Commissioner of Conservation may incorporate regional variations in developing performance standards that consider growing conditions, tree species and site quality. The Commissioner of Conservation may draw reasonable distinctions based upon total forest holdings as well as the size of parcels to be harvested in order to take into account the diminishing scale of impacts and the logistics of harvesting smaller parcels.

2. Silvicultural standards; permit by rule. Except as provided under subsections 15 to 18 and notwithstanding the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapters IV and V, a landowner shall obtain a permit by rule from the Commissioner of Conservation prior to conducting a clear-cut. The Commissioner of Conservation shall adopt rules to implement a permit-by-rule process based upon streamlined notification and applicant certification of compliance with the standards of this section.

3. Maximum area clear-cut limit; forest land ownership's equal to or greater than 100,000 acres. When forest lands owned by a landowner total 100,000 acres or more statewide, the maximum of that land area to be clear-cut in any year is limited to:

4. Maximum area clear-cut limit; forest land ownerships less than 100,000 acres. When forest lands owned by a landowner total less than 100,000 acres statewide, the maximum of that land area to be clear-cut on a parcel in any year is limited to the greater of either 100 acres or 10% of the land area of any parcel. The total land area meeting the definition of a clear-cut under section 8868-A, subsection 4 must be calculated each year to ensure that clear-cuts do not occupy at any point in time more than 100 acres or 10% of the parcel, whichever is greater.

5. Maximum individual clear-cut size. An individual clear-cut may not exceed 75 acres in total area.

6. Clear-cut separation zones. For parcels of land over 100 acres, clear-cut harvest areas must be separated by a defined area equal to the area contained within the perimeter of the clear-cut. Each defined area must be identified with a specific clear-cut area. For parcels of land 100 acres or less, a clear-cut must be separated from any other clear-cut by at least 250 feet.

7. Standards for regeneration after harvests. The Commissioner of Conservation shall adopt rules to ensure adequate regeneration of commercially valuable tree species on a site within 5 years of completion of any timber harvest. Rules to implement this requirement must include identification of commercial tree species, minimum stocking standards and methods to mitigate inadequate regeneration. In developing regeneration standards, the Commissioner of Conservation shall take into consideration regional differences in forest types, tree species and physiographic conditions. If the regeneration on a harvested site or a portion of a harvest site is destroyed by fire, disease, insect infestation or other natural disaster, the regeneration requirement does not apply. Vegetative cover sufficient to prevent accelerated erosion must be established on the site.

8. Transfer or sale of property. Upon sale or other transfer of ownership of land that has been harvested, the transferee becomes responsible for the regeneration requirements on the site. The transferor shall disclose in writing to the transferee the regeneration requirements of this section at, or prior to, the time of sale or transfer. Failure of the transferor to comply with the disclosure requirement results in the transferor being responsible for the cost of compliance with the regeneration requirements of subsection 7.

9. Application. This section applies to all forest lands in the State, including land in municipal and state ownership. Only state-owned or state-operated research forests or industrially owned research forests certified by the Commissioner of Conservation are exempt from these requirements.

10. Relationship to municipal ordinances. Except as provided in this subsection, this subchapter may not be construed to preempt or otherwise limit the existing authority of municipalities to regulate timber harvesting. Municipalities regulating timber harvesting shall adopt definitions for forestry terms used in their ordinances that are consistent with definitions in section 8868-A and with forestry terms adopted by the Commissioner of Conservation pursuant to this subchapter. Municipal timber harvesting ordinances adopted before September 1, 1990 and not amended subsequently must meet this standard of definitional compliance no later than January 1, 1999.

A municipality may not adopt an ordinance that is less stringent than the minimum standards established in this section and in the rules adopted to implement this section. A municipality may not adopt or amend an ordinance that regulates timber harvesting unless the process set out in this subsection is followed in the development and review of the ordinance.

11. Centralized listing of municipal ordinances. The Bureau of Forestry shall maintain for informational purposes a statewide centralized listing of municipal ordinances that specifically apply to forest practices.

12. Right of enforcement. Department of Conservation employees designated by the commissioner and any state, county or municipal law enforcement officer, including, but not limited to, Bureau of Forestry forest rangers and field foresters and Inland Fisheries and Wildlife wardens, are authorized to enforce this subchapter and implementing rules. The Director of the Bureau of Forestry is authorized to issue a stop-work order for up to 5 working days to a landowner, contractor or any other person conducting timber harvesting when there is probable cause to believe that a violation of this subchapter or implementing rules has occurred. Department employees designated by the commissioner are authorized to conduct inspections and to enforce this subchapter and implementing rules under the Maine Rules of Civil Procedure, Rules 80E and 80H.

13. Right of entry. Agents of the Bureau of Forestry have rights of access to all lands in the State to carry out their duties authorized by law. Entry into private property under this subsection is not a trespass. This subsection does not authorize entry into any building or structure.

14. Right of action. A landowner found in violation of this section and penalized under section 9701 as a result of actions of a harvester has a right of action to recover the penalty against the harvester who undertook the harvest operation found in violation. In addition to all other defenses permitted by law, it is a defense that the harvester operated under the landowner's instructions. For the purposes of this subsection, the terms "harvester" and "harvest operation" have the same meanings as in section 8881.

15. Exemption for compliance with the Sustainable Forest Management Audit Program. After receipt of any recommendations to exempt landowners who have demonstrated compliance with the audit criteria of section 8870-D from subsection 2, paragraph B, or subsection 3, 4, 5 or 6, the Commissioner of Conservation may adopt rules to exempt such qualifying landowners, in whole or part, from these provisions, but only if the Commissioner of Conservation determines that the purposes of section 8866 and this section will be fulfilled by the audit criteria approved by the Sustainable Forest Management Audit Board.

16. Exemption from permit-by-rule standards for clear-cut due to natural disturbance. Timber harvesting activities are exempt from the restrictions on clear-cut size, separation zones and maximum extent of clear-cutting and other requirements under subsection 2, 3, 4, 5 or 6 upon issuance of a natural disturbance exemption by the Commissioner of Conservation, as necessary to allow the salvage or presalvage of timber for which there is a high probability of substantial loss or damage from severe natural disturbances, which include, but are not limited to, fire, insect infestation, disease, ice and wind. A landowner may apply for, or the Commissioner of Conservation may declare in the absence of a landowner application, a natural disturbance exemption. If the Commissioner of Conservation declares a natural disturbance exemption, the Commissioner of conservation shall identify the geographic areas to which the exemption applies. Both declarations and applications for exemptions must include a description of the natural disturbance, the areas affected, the duration of the exemption and the specific activities regulated under this section to which the exemption will apply. This application is automatically granted if not denied within 45 days of the department's receipt of the application by certified mail, return receipt requested. The Commissioner of Conservation shall grant an application if, based on the best available scientific information, the Commissioner of Conservation finds that there is a high probability of substantial loss or damage from severe natural disturbance and that the propose harvesting can not be reasonably undertaken under the conditions specified in subsection 2, 3, 4, 5 or 6. If the Commissioner of Conservation denies the exemption, the Commissioner of Conservation shall state the reasons in writing and describe what conditions would allow an exemption to be granted. The landowner may elect to accept a conditional approval or, alternatively, seek a variance under subsection 18.

17. Exemption from permit standards for clear-cuts less than 50 acres in total area. When forest lands owned by a landowner total less than 100,000 acres statewide, clear-cuts in those lands totaling less than 50 acres per year per parcel are exempt from the permit requirements of subsection 2, but must be conducted in accordance with all other applicable standards.

18. Variance. The Commissioner of Conservation may grant a variance from the standards in subsection 2, 3, 4, 5 or 6 when the Commissioner of Conservation finds that strict compliance with this section and implementing rules would cause unusual hardship or extraordinary difficulties because of topography, access, location, shape, size or other physical features of a site, that the proposed clear-cutting is in keeping with the general spirit and intent of this subchapter and that the public interest is otherwise protected. An applicant for a variance shall submit an application on a form provided by the Bureau of Forestry at least 60 days prior to the proposed clear-cut activity. The variance must be processed as provided under subsection 2, paragraph B, except that the Commissioner of Conservation shall issue a written decision granting the variance with any necessary conditions in order for the variance to become effective. The Commissioner of Conservation shall adopt rules and standards for clear-cut variances.

19. Penalty. A person who violates any requirement of this section, the condition or terms of any permit issued by the Commissioner of Conservation under this section or a provision of any rule or regulation adopted under this section commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. Each day of a violation is considered a separate offense.

§8870. Evaluation and assessment

By January 1, 2000 and every 5 years thereafter, the Commissioner of Conservation shall report to the Legislature on the results of an evaluation and assessment of the impacts of this subchapter and the forest harvest rules adopted pursuant to it. At a minimum, the evaluation and assessment must include research necessary to obtain:

1. Acreage harvest. The total acreage, the average acreage, the range of acreage and the geographic distribution of clear-cuts and other regeneration and nonregeneration harvests in the State;

2. Harvesting by landowners. The extent to which forest landowners are harvesting to the minimum standards adopted in the forest practices rules; and

3. Effect of timber harvesting. An understanding of how this subchapter and the forest harvest rules adopted pursuant to it have affected the sustainability of timber harvesting in the State.

Sec. 10. 12 MRSA c. 805, sub-c. III-B is enacted to read:

§8870-A. Sustainable Forest Management Audit Program

1. Findings. The Legislature finds that:

2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

3. Program established; objectives. The Sustainable Forest Management Audit Program, referred to in this subchapter as the "program," is established within the Department of Conservation to encourage continuous improvement in forest management and to optimize both the long-term ecological and economic health of forests in this State. Two objectives guide the program:

§8870-B. Eligibility

Prior to January 1, 2002, any landowner who owns 100,000 or more acres of forest lands in the State is eligible to participate in the program. A landowner who owns less than 100,000 acres of forest lands in the State is eligible to participate in the program by mutual agreement of the director and the landowner. After January 1, 2002, any landowner is eligible to participate. Participation by a landowner in the program is voluntary.

§8870-C. Audit program administration

1. Board established; membership; termination. The Sustainable Forest Management Audit Board, referred to in this subchapter as the "board," is established within the Department of Conservation to develop the program and oversee its implementation by the bureau. The bureau shall provide staff assistance to the board within existing budgeted resources. The board has no regulatory authority. Meetings of the board are public meetings.

The board consists of 7 members who must be appointed no later than January 1, 1997 and shall serve until termination of the board in 2002. The Governor shall appoint each member, subject to review by the joint standing committee of the Legislature having jurisdiction over forestry matters and to confirmation by the Senate. The board shall select a chair from its membership.

The board must be composed of a balance of members who have expertise in forest management, timber harvesting, wildlife, and conservation and ecological principles, including landowners who are eligible to participate in the program and members of the general public.

A vacancy on the board must be filled as provided for initial appointees in this subsection. Board members are not entitled to compensation or reimbursement of expenses.

This subsection is repealed 90 days after adjournment of the Second Regular Session of the 120th Legislature.

2. Decision-making process. The board shall reach its decisions by the unanimous approval of its members. The board may convene working groups to assist it in areas requiring particular expertise or perspectives. The board shall provide ample opportunities for public input and discussion. The board shall convene a working group on cold water fisheries habitat issues. The cold water fisheries habitat working group must include, but is not limited to, a representative of the Department of Inland Fisheries and Wildlife having expertise in cold water fisheries management, a representative of a statewide association of sportsmen, a representative of any Maine organization engaged in the stocking, restoration or protection of cold water fisheries, a representative of the University of Maine System having expertise in aquatic ecology and a representative of the Maine Forest Products Council. The working group shall develop and recommend to the board voluntary best management practices that enhance existing protection for cold water fisheries habitat and can be integrated into audit programs certified under this subchapter.

This subsection is repealed 90 days after adjournment of the Second Regular Session of the 120th Legislature.

3. Duties of the board. The board shall:

4. Duties of the commissioner. The commissioner shall:

5. Responsibility for program administration. The bureau shall administer the program, including benchmarks, methodologies and processes developed by the board.

6. Auditing program. The following govern the auditing program.

7. Auditor's report; confidentiality. The report of the auditor that indicates whether a landowner passed or failed the audit and the statement describing the basis for that determination are public records. For purposes of Title 1, section 402, an auditor certified by the bureau is not an agency or public official of the State and materials held by the auditor in the course of an audit are not public records by virtue of being in the possession or custody of the auditor.

§8870-D. Audit program benchmarks

The board shall develop specific, credible and practical benchmarks in the following areas.

1. Sustained yield. Benchmarks must include measures to ensure sustained yield. These measures may include growth, harvest levels, rotation length, inventory levels, mix of species and landowners' forest management objectives, if these objectives are compatible with the objectives of the program. The benchmarks must include appropriate flexibility for year-to-year variation.

2. Management according to silvicultural guidelines. The benchmarks must include appropriate use of established silvicultural guidelines, including standards to achieve improvement of the overall quality of the timber resource as a foundation for more value-added opportunities.

3. Landscape goals. In the area of landscape goals, the benchmarks must include a requirement to gather and analyze data and to develop and implement a plan for distribution of age classes, species, habitats and structures to include mature and 2 or more layered stands, over a landowner's total statewide land area ownership. The benchmarks must include a definition of and benchmarks for "naturalistic forest management" to be applied on landscapes of high ecological, recreational or scenic value. Benchmarks must reflect the limitations and opportunities inherent in existing forest conditions and may need to achieve a desired result over a period of time.

4. Plantations. The benchmarks must include measures to ensure the appropriate establishment and distribution of plantations.

5. Visual impacts. In the area of visual impacts, the benchmarks must include actions at both the landing and landscape levels to minimize the potential adverse impacts of forest management within a landowner's total statewide land area ownership, including impacts on viewsheds with significant public use.

6. Wildlife and fisheries habitat. The benchmarks must include forest management that promotes wildlife and fisheries habitat diversity and conserves viable plant and animal populations.

7. Fragile or rare ecological sites. The benchmarks must include screening for and protection of fragile or rare ecological sites.

8. Insecticides and herbicides. The benchmarks must assure the prudent use of forest insecticides and herbicides and use integrated pest management techniques to minimize the need for insecticide and herbicide use.

9. Soil productivity and water quality. The benchmarks must include the protection of soil productivity and water quality.

The board may develop other benchmarks that it identifies as necessary to achieve the purposes of this subchapter.

§8870-E. Annual report

The director, after consultation with the board, shall publish a report annually on the condition of the forests of the State and on landowner performance within the program no later than December 31st of each year. The bureau shall analyze available United States Forestry Service inventory data to establish a baseline and trends in the sustainability and structure of the forest. A copy of the report must be submitted to the joint standing committee of the Legislature having jurisdiction over forestry matters.

Sec. 11. 14 MRSA §7552, sub-§3, ¶B, as enacted by PL 1995, c. 450, §2, is amended to read:

Sec. 12. 38 MRSA §439-A, sub-§5, ¶C, as repealed and replaced by PL 1991, c. 66, Pt. A, §10, is amended to read:

Sec. 13. 38 MRSA §480-Q, sub-§7-A, ¶A, as enacted by PL 1989, c. 838, §6, is amended to read:

Sec. 14. Ecological forest reserves. The Legislature endorses the Bureau of Parks and Lands' designation of ecological forest reserves on state-owned land to protect viable representatives of the State's natural community types and to provide a credible reference point for the scientific evaluation of potential ecological issues on commercially managed forest lands.

1. The Legislature endorses the Bureau of Parks and Lands' integrated resource management policies for such reserves, including to:

2. The Legislature therefore directs that:

Sec. 15. Timber liquidation. The Legislature finds that certain forest lands in the State have been subjected to the practice of timber liquidation harvesting.

The act of timber liquidation harvesting, defined as excessive timber harvesting on lands held for less than 10 years, is inconsistent with accepted silvicultural and forest stewardship principles shared by the State and its private forest landowners. Ensuring a sustainable forest resource for the State requires the objective of severely restricting timber liquidation activities in the State. While the regulatory changes introduced by this Resolution will impact and reduce timber liquidation in the State, additional policies will be required to achieve the objective of severely restricting this activity.

Therefore, the Legislature directs that:

1. Upon enactment of this Resolution, the Maine Forest Service, in consultation with faculty of the College of Forestry and Natural Resources at the University of Maine and other outside experts on timber liquidation and forest productivity, shall initiate and complete by March 1, 1997 an assessment of the expected impact of the provisions of this Resolution upon the practice of timber liquidation;

2. The Maine Forest Service, as part of the above assessment, shall estimate the amount and types of liquidation that are likely to occur in the State after implementation of this Resolution; and

3. By April 1, 1997, the Governor shall submit to the Legislature a legislative proposal designed to further restrict timber liquidation to ensure that, in combination with the provisions of this Resolution, timber liquidation harvesting is severely restricted in the State.

Sec. 16. Review of regulatory restrictions. The Sustainable Forest Management Audit Board, established in the Maine Revised Statutes, Title 5, section 12004-G, subsection 12-A, shall review the regulatory restrictions contained in the laws regulating forest practices in Title 12, chapter 805, subchapter III-A and make a report containing recommendations to the Legislature and the Commissioner of Conservation for regulatory flexibility to apply to the participants in the Sustainable Forest Management Audit Program who have successfully passed the audit program in Title 12, chapter 805, subchapter III-B, thus demonstrating sound forest management. The review and recommendations must include, but are not limited to, suggestions for regulatory flexibility regarding the following provisions of Title 12:

1. The provisions regarding permit by rule in section 8869-A, subsection 2, paragraph B;

2. The provisions regarding clear-cut area limits in section 8869-A, subsections 3 and 4;

3. The provisions regarding maximum clear-cut size in section 8869-A, subsection 5; and

4. The provisions regarding clear-cut separation zones in section 8869-A, subsection 6.

The report must also include recommendations for any necessary legislative changes to this Resolution and be submitted on or before January 1, 2000.

Sec. 17. Board report; termination.

1. The Sustainable Forest Management Audit Board, established in the Maine Revised Statutes, Title 5, section 12004-G, subsection 12-A and referred to in this section as the "board," shall conclude its work by January 1, 2002. No later than this date, the board shall submit a report and any necessary implementing legislation to the Governor and the Legislature summarizing the board's work and recommending any improvements or changes to the Sustainable Forest Management Audit Program or this Resolution. The board may recommend any necessary revisions to the benchmarks to incorporate the best available scientific information. The report must include an evaluation and assessment of the program. The report must also include research necessary to determine:

2. The board ceases to exist 90 days after the adjournment of the Second Regular Session of the 120th Legislature. The Commissioner of Conservation shall assume any remaining duties of the board.

Sec. 18. Intent of the Legislature; competing measure. It is the intent of the Legislature that this Resolution be interpreted as a competing measure within the meaning of the Constitution of Maine, Article IV, Part Third, Section 18, with Initiated Bill 4, Legislative Document 1819 of the 117th Legislature, "An Act to Promote Forest Rehabilitation and Eliminate Clearcutting." It is the further intent of the Legislature that this measure be subject to referendum as a competing measure with that bill.

Sec. 19. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Resolution.

1996-97
CONSERVATION, DEPARTMENT OF
Policy, Planning and Information
All Other $ 30,000
Provides funds to cover the cost of rulemaking.

Sec. 20. Statutory referendum procedure; submission at general election; form of question; effective date. This Resolution must be submitted to the legal voters of the State of Maine at the next general election in the month of November following passage of this Resolution as a competing measure with Initiated Bill 4, Legislative Document 1819 of the 117th Legislature, "An Act to Promote Forest Rehabilitation and Eliminate Clearcutting." 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 Resolution by voting on the following question:

The legal voters of each city, town and plantation shall vote by ballot on this question and the question established by the Secretary of State for Initiated Bill 4 and shall designate their choice by a cross or check mark placed in the corresponding square next to either the question relating to Initiated Bill 4, the question relating to the competing measure or an option of against both Initiated Bill 4 and the competing measure. 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 Resolution, the Governor shall proclaim that fact without delay, and the Resolution takes effect January 1, 1997, except that the following sections of this Resolution take effect 90 days after adjournment of the First Regular Session of the 118th Legislature: that section that repeals the Maine Revised Statutes, Title 12, section 8868; that section that enacts Title 12, section 8868-A; that section that repeals Title 12, section 8869; that section that enacts Title 12, sections 8869-A and 8870; that section that amends Title 14, section 7552, subsection 3, paragraph B; that section that amends Title 38, section 439-A, subsection 5, paragraph C; and that section that amends Title 38, section 480-Q, subsection 7-A, paragraph A.

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 purpose of this referendum.


Intent and Content

This proposed legislation was approved by the Legislature in 1996 as a competing measure to a citizen initiative entitled "An Act to Promote Forest Rehabilitation and Eliminate Clearcutting". At the 1996 election, this competing measure received a greater number of votes than either the citizen initiative or the option to reject both measures. However, the competing measure did not receive a majority of the vote, which was necessary to approve the competing measure. It did receive more than one-third of the vote, and thus, under the terms of the Maine Constitution, is required to be submitted by itself to the voters for their approval or rejection at the next statewide election.

The proposed legislation would direct the Commissioner of Conservation to adopt statewide rules governing timber harvesting in Maine and would establish a voluntary audit program, whereby landowners would attempt to achieve certain benchmarks of forest sustainability and biodiversity on their lands, thereby potentially qualifying for an exemption from the Commissioner's rules. The rules would be provisionally adopted by the Commissioner and subsequently reviewed by the Legislature.

The proposed legislation also would require landowners to get a permit-by-rule from the Commissioner before doing any clearcutting. To get a permit, a landowner would have to certify that the clearcutting was justified by sound forestry management practices. There would be certain exemptions to this permit requirement. Clearcutting with a permit would be subject to certain limits on size, nearness to other clearcuts and total area for each ownership. The Commissioner would also be required to adopt rules regarding forest regeneration after a timber harvest. The proposed legislation also would permit municipalities to adopt timber harvesting ordinances that are stricter than the State's rules. Municipalities would be subject to certain limits on their actions and would be required to notify landowners and the Commissioner before adopting ordinances stricter than the State's rules.

In addition, the proposed legislation would provide for the establishment of an ecological forest reserve system for the protection of certain state-owned lands from timber harvesting. It would also direct the Governor, upon receipt of a report from the Maine Forest Service, to submit to the Legislature a proposal to restrict excessive timber harvesting on lands held for less than 10 years. Finally, the proposed legislation would direct the Maine Forest Service to provide for increased environmental education on forestry issues for the general public.

A "YES" vote approves the measure.

A "NO" vote disapproves the measure.


Proclamation

An Act to Promote Forest Rehabilitation and Eliminate Clearcutting

WHEREAS, the electors of the State of Maine presented to the One Hundred and Seventeenth Legislature, in the Second Regular Session, an initiated bill entitled,

"An Act to Promote Forest Rehabilitation and Eliminate Clearcutting,"

under the provisions of Article IV, Part Third, Section 18, of the Constitution of Maine, and

WHEREAS, the Legislature failed to enact such initiated bill as presented and enacted a competing measure known as Chapter 1 of the Competing Measure Resolutions of 1996, and

WHEREAS, the initiated bill and competing measure were submitted to the electors for approval, by proclamation of the Governor, at the election held on the Tuesday following the first Monday in November, 1996, and

WHEREAS, it appears by the return of votes cast by the electors of the various cities, towns and plantations voting upon said initiated bill and competing measure on November 5, 1996, and reviewed by the Governor on November 25, 1996, that the competing measure received the majority of votes cast, in excess of one-third of the votes given for and against both measures; namely,

175,078 for the Initiated Bill

282,620 for the Competing Measure

139,176 against both

NOW, THEREFORE, I, ANGUS S. KING, Jr., Governor of the State of Maine, in pursuance of the provisions of the Constitution of Maine in such case provided, declare that the competing measure shall be submitted by itself for a vote at the next statewide election to be held not less than sixty days from November 5, 1996.

IN TESTIMONY WHEREOF, I have
caused the Great Seal of the State to be
hereunto affixed given under my hand
at Augusta this third day of December
in the year One Thousand Nine
Hundred and Ninety-Six.

ANGUS S. KING, Jr.
Governor

BILL DIAMOND
Secretary of State


Question 2: Bond Issue

Do you favor a $7,000,000 bond issue, which will match $15,000,000 in federal funds, to construct water pollution control facilities, to clean up tire stockpiles and to make drinking water improvements?


STATE OF MAINE

Chapter 561
Public Laws of 1997
Approved June 25, 1997

"An Act to Authorize 2 General Fund Bond Issues in the Amount of $13,000,000 to Construct Water Pollution Control Facilities, to Close and Clean Up Municipal Solid Waste Landfills, to Clean Up Tire Stockpiles, to Mitigate Storm Water Pollution through a Comprehensive Watershed Protection Program and to Make Drinking Water Improvements"

Preamble. Two thirds of both Houses of the Legislature deeming it necessary in accordance with the Constitution of Maine, Article IX, Section 14, to authorize the issuance of bonds on behalf of the State of Maine to provide funds to construct water pollution control facilities, to clean up tire stockpiles and to make drinking water improvements and to provide funds to close and clean up municipal solid waste landfills and to mitigate storm water pollution through a comprehensive watershed protection program.

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. Authorization of bonds to provide for funds to construct water pollution control facilities, to clean up tire stockpiles and to make drinking water improvements. 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 $7,000,000 to raise funds to construct water pollution control facilities, to clean up tire stockpiles and to make drinking water improvements as authorized by section 6. The bonds are a pledge of the full faith and credit of the State. The bonds may not run for a period longer than 5 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. A-2. Records of bonds issued to be kept by the 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. A-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 Act. Any unencumbered balances remaining at the completion of the project in section 6 lapse to the debt service account established for the retirement of these bonds.

Sec. A-4. Interest and debt retirement. The Treasurer of State shall pay interest due or accruing on any bonds issued under this Act and all sums coming due for payment of bonds at maturity.

Sec. A-5. Disbursement of bond proceeds. The proceeds of the bonds must be expended as set out in section 6 under the direction and supervision of the Department of Environmental Protection and the Department of Human Services.

Sec. A-6. Allocations from General Fund bond issue; to construct water pollution control facilities, to clean up tire stockpiles and make drinking water improvements. The proceeds of the sale of bonds must be expended as designated in the following schedule.

1997-98
ENVIRONMENTAL PROTECTION,
DEPARTMENT OF

Construction of water pollution control
facilities to provide the state match
for $12,500,000 in federal funds
$4.500,000

Cleanup of tire stockpiles to protect
the public health and safety and the
environment
$2.000,000

HUMAN SERVICES, DEPARTMENT OF

Address environmental health deficiencies
in drinking water supplies to provide
the state match for $2,500,000 in
federal funds

$500,000

TOTAL ALLOCATIONS ----------
$7,000,000

Sec. A-7. Contingent upon ratification of bond issue. Sections 1 to 6 do not become effective unless the people of the State have ratified the issuance of bonds as set forth in this Part.

Sec. A-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. A-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. A-10. Referendum for ratification; submission at statewide election; form of question; effective date. This Part must be submitted to the legal voters of the State of Maine at a statewide election held on the Tuesday following the first Monday of November following passage of this Part. 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 Act 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 and, if a majority of the legal votes are cast in favor of the Part, the Governor shall proclaim the result without delay, and the 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 Act necessary to carry out the purpose of this referendum.

Intent and Content

This Act would authorize the State to make two issues of bonds in an amount not to exceed $13,000,000 to raise funds to construct water pollution control facilities, to close and clean up municipal solid waste landfills, to clean up tire stockpiles, to mitigate storm water pollution through a comprehensive watershed protection program, and to make drinking water improvements. The bonds run for a period of not longer than 5 years and would be backed by the full faith and credit of the State.

The first bond issue, in an amount not to exceed $7,000,000, will be voted on at the November 4, 1997, Election. Proceeds of the sale of the first bond issue would be expended as follows: $4,500,000 under the direction of the Department of Environmental Protection for the construction of water pollution control facilities and to provide the state match for $12,500,000 in federal funds; $2,000,000 under the direction of the Department of Environmental Protection to clean up tire stockpiles, and $500,000 under the direction of the Department of Human Services to address environmental health deficiencies in drinking water supplies and to provide the state match for $2,500,000 in federal funds.

The second bond issue, in an amount not to exceed $6,000,000, will be sent to the voters at the June 9, 1998, Primary Election.

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 to the bond issue is published together with this statement.

A "YES" vote approves the authorization of the first bond issue for $7,000,000 for the construction of water pollution control facilities, to clean up tire stockpiles and to make drinking water improvements.

A "NO" vote disapproves the first bond issue.

Total estimated life time cost is $7,924,000.00 representing $7,000,000.00 in principal and $924,000.00 in interest (assuming interest at 4.40% over 5 years).


Question 3: Bond Issue

Do you favor a $10,000,000 bond issue to provide funding for the Adaptive Equipment Loan Program fund, which provides loans to individuals with disabilities to purchase adaptive equipment and to small businesses to improve accessibility, and for improving accessibility and addressing related safety issues at the University of Maine System and at the State House?


STATE OF MAINE

Chapter 58
Private and Special Laws of 1997

Approved June 20, 1997

"An Act to Authorize a General Fund Bond Issue in the Amount of $10,000,000 to Address Federal and State Accessibility and Public Safety Issues"

Preamble. Two thirds of both Houses of the Legislature deeming it necessary in accordance with the Constitution of Maine, Article IX, Section 14, to authorize the issuance of bonds on behalf of the State of Maine to support the Adaptive Equipment Loan Program fund and to address federal and state accessibility and safety requirements at the University of Maine System and at the State House.

Be it enacted by the People of the State of Maine as follows:

Sec. 1. Authorization of bonds to provide funding for the Adaptive Equipment Loan Program fund and improve accessibility and address related safety issues at the University of Maine System and at the State House. 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 $10,000,000 to raise funds to support the Adaptive Equipment Loan Program fund and to provide funds for the University of Maine System and the Legislature to address accessibility and other public health and safety issues related to federal and state requirements as authorized by section 7. 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. 2. Records of bonds issued to be kept by the 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. 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 Act. Any unencumbered balances remaining at the completion of the project in section 7 lapse to the debt service account established for the retirement of these bonds.

Sec. 4. Interest and debt retirement. The Treasurer of State shall pay interest due or accruing on any bonds issued under this Act and all sums coming due for payment of bonds at maturity.

Sec. 5. Taxable bond option. The Treasurer of State, at the direction of the Governor, shall covenant and consent that the interest on the bonds is includable in the gross income of the holders of the bonds under the United States Internal Revenue Code or any subsequent law. The powers conferred by this section may not be subject to any limitations or restrictions of any law that may limit the power so as to covenant and consent.

Sec. 6. Disbursement of bond proceeds. The proceeds of the bonds must be expended as set out in section 7 under the direction and supervision of the Chief Executive Officer of the Finance Authority of Maine, the Chancellor of the University of Maine System and the Executive Director of the Legislative Council, respectively.

Sec. 7. Allocations from General Fund bond issue; accessibility and other safety related concerns. The proceeds of the sale of bonds must be expended as designated in the following schedule.

Adaptive Equipment Loan Program fund $1,500,000

University of Maine System 6,500,000

Reserve Fund for State House
Preservation and Maintenance
$2,000,000

TOTAL ___________
$10,000,000

Sec. 8. Contingent upon ratification of bond issue. Sections 1 to 7 do not become effective unless the people of the State have ratified the issuance of bonds as set forth in this Act.

Sec. 9. 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 5 years after the date of the sale of the bonds lapse to General Fund debt service.

Sec. 10. 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 Act, 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. 11. Referendum for ratification; submission at statewide election; form of question; effective date. This Act must be submitted to the legal voters of the State of Maine at a statewide election held on the Tuesday following the first Monday of November following 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 Act 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 and, if a majority of the legal votes are cast in favor of the Act, the Governor shall proclaim the result without delay, and the Act 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 Act necessary to carry out the purpose of this referendum.

Intent and Content

This Act would authorize the State to issue bonds in an amount not to exceed $10,000,000 to raise funds to support the Adaptive Equipment Loan Program fund and to provide funds for the University of Maine System and the Legislature to address accessibility and other public health and safety issues related to federal and state requirements. The bonds would run for a period of not longer than 10 years from the date of issue and would be backed by the full faith and credit of the State.

The proceeds of the sale of the bonds would be expended by the Finance Authority of Maine for the Adaptive Equipment Loan Program fund ($1,500,000), the University of Maine to meet federal and state accessibility and other health and safety requirements ($6,500,000), and all Executive Directors of the Legislative Council for the Reserve Fund for State House Preservation and Maintenance ($2,000,000).

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 a $10,000,000 bond issue to address federal and state accessibility and public safety issues.

A "NO" vote disapproves the bond issue.

Total estimated life time cost is $13,740,000.00 representing $10,000,000.00 in principal and $3,740,000.00 in interest (assuming interest at 6.80% over 10 years).


Question 4: Bond Issue

Do you favor a $56,850,000 bond issue for improvements to municipal and state roads, state and local bridges, airports, state ferry vessels and terminals and rail and marine facilities that makes the State eligible for approximately $129,740,000 in matching federal funds?


STATE OF MAINE

Chapter 56
Private and Special Laws of 1997
Approved June 12, 1997

"An Act to Authorize Department of Transportation Bond Issues in the Amount of $56,850,000 to Match Available Federal Funds for Improvements to Municipal and State Roads, State and Local Bridges, Airports, State Ferry Vessels and Terminals and Rail and Marine Facilities"

Preamble. Two thirds of both Houses of the Legislature deeming it necessary in accordance with the Constitution of Maine, Article IX, Section 14, to authorize the issuance of bonds on behalf of the State of Maine to provide funds to match available federal funds for improvements to municipal and state roads, state and local bridges, airports, state ferry vessels and terminals and rail and marine facilities.

Be it enacted by the People of the State of Maine as follows:

Sec. 1. Authorization of bonds to provide for improvements to municipal and state roads, state and local bridges, airports, state ferry vessels and terminals and rail and marine facilities. 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 $56,850,000 to provide funds to match available federal funds for improvements to municipal and state roads, state and local bridges, airports, state ferry vessels and terminals and rail and marine facilities as authorized by section 6. The bonds are a pledge of the full faith and credit of the State. The bonds may not run for a period longer than 20 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. 2. Records of bonds issued to be kept by the 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. 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 Act. Any unencumbered balances remaining at the completion of the project in section 6 lapse to the debt service account established for the retirement of these bonds.

Sec. 4. Interest and debt retirement. The Treasurer of State shall pay interest due or accruing on any bonds issued under this Act and all sums coming due for payment of bonds at maturity.

Sec. 5. Disbursement of bond proceeds. The proceeds of the bonds must be expended as set out in section 6 under the direction and supervision of the Commissioner of Transportation.

Sec. 6. Allocations from Highway Fund and General Fund bond issues; improvements to municipal and state roads, state and local bridges, airports, state ferry vessels and terminals and rail and marine facilities. The proceeds of the sale of bonds must be expended as designated in the following schedule.

TRANSPORTATION, DEPARTMENT OF

General Fund

State and local bridges $23,800,000
Airport improvements $1,500,000
Ferry vessels and terminal improvements $710,000
Rail facility improvements $3,350,000
Marine and harbor facility improvements $1,400,000
General Fund Total ----------
$30,800,000

Highway Fund

Collector roads and bridges $3,000,000
Highway and bridge improvements
and collector road award program
$9,550,000
Local road assistance program $13,50,000

Highway Fund Total ----------
$26,050,000

Sec. 7. Contingent upon ratification of bond issue. Sections 1 to 6 do not become effective unless the people of the State have ratified the issuance of bonds as set forth in this Act.

Sec. 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 or Highway Fund debt service.

Sec. 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 Act, 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. 10. Referendum for ratification; submission at statewide election; form of question; effective date. This Act must be submitted to the legal voters of the State of Maine at a statewide election held on the Tuesday following the first Monday of November following 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 Act by voting on the following question:

"Do you favor a $56,850,000 bond issue for improvements to municipal and state roads, state and local bridges, airports, state ferry vessels and terminals and rail and marine facilities that makes the State eligible for approximately $129,740,000 in matching federal funds?"

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 and, if a majority of the legal votes are cast in favor of the Act, the Governor shall proclaim the result without delay, and the Act 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 Act necessary to carry out the purpose of this referendum.

Intent and Content

This Act would authorize the State to issue bonds in an amount not to exceed $56,850,000 to raise funds to match available federal funds for surface, air, water and rail transportation improvements. The bonds would run for a period of not longer than 20 years from the date of issue and would be backed by the full faith and credit of the State.

The proceeds of the sale of the bonds would be expended by the State Department of Transportation and would be used to match federal funds for the local road assistance program ($13,500,000), state and local bridges ($23,800,000), collector roads and bridges ($3,000,000), highway and bridge improvements and collector road award program ($9,550,000), airport improvements ($1,500,000), ferry vessels and terminal improvements ($710,000), marine and harbor facility improvements ($1,440,000) and rail facility improvements ($3,350,000).

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 a $56,850,000 bond issue for surface, air, water and rail transportation improvements.

A "NO" vote disapproves the bond issue.

Total estimated life time cost is $88,785,487.50 representing $56,850,000.00 in principal and $31,935,487.50 in interest (assuming interest at 5.35% over 20 years).


Question 5: Constitutional Amendment

Do you favor amending the Constitution of Maine to remove the language providing that all persons under guardianship for reasons of mental illness are disqualified from voting?


STATE OF MAINE

Chapter 1
Constitutional Resolutions of 1997
Approved June 9, 1997

"RESOLUTION, Proposing an Amendment to the
Constitution of Maine to Clarify Voting Rights"

Constitutional amendment. Resolved: Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:

Section 1. Qualifications of electors; written ballot; military service members; students. Every citizen of the United States of the age of 18 years and upwards, excepting persons under guardianship for reasons of mental illness, having his or her residence established in this State, shall be an elector for Governor, Senators and Representatives, in the city, town or plantation where his or her residence has been established, if he or she continues to reside in this State; and the elections shall be by written ballot. But persons in the military, naval or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack or military place, in any city, town or plantation; nor shall the residence of a student at any seminary of learning entitle the student to the right of suffrage in the city, town or plantation where such seminary is established. No person, however, shall be deemed to have lost residence by reason of the person's absence from the state in the military service of the United States, or of this State.

Indians. Every Indian, residing on tribal reservations and otherwise qualified, shall be an elector in all county, state and national elections.

; 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:

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 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 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 purpose of this referendum.

Intent and Content

This proposed constitutional amendment would delete a provision currently a part of the Maine Constitution that a person is ineligible to vote if under guardianship for reasons of mental illness. If the provision is deleted, all persons under guardianship for reasons of mental illness will be eligible to vote.


Question 6: Referendum Question

Do you favor adding one travel lane in each direction to the southern end of the Maine Turnpike, paid for by turnpike tolls, to reduce accidents and congestion?


STATE OF MAINE

Chapter 493
Public Laws of 1997
Approved June 11, 1997

"An Act to Ask Voters in a Referendum Whether One Travel Lane in Each Direction Should be Added to the Maine Turnpike, Paid for by Turnpike Tolls, to Reduce Accidents and Congestion"

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 23 MRSA §1965, sub-§1, D, as amended by PL 1995, c. 341, §1, is further amended to read:

Sec. A-2. 23 MRSA §1965-A, sub-§2, as enacted by PL 1995, c. 341, §2, is amended to read:

2. Review of alternatives. Upon completing the evaluation required under subsection 1, the authority shall review the alternatives to determine if the alternatives can meet the identified transportation deficiency or need in a safe manner at a reasonable cost with available technology. If, based on the evaluation, the authority finds that the alternatives do not meet the identified deficiency or need:

Sec. A-3. Contingent effective date. This Part takes effect on the day of the proclamation required by Part B, only if the question submitted to voter referendum under Part B is not approved by the voters.

PART B

Sec. B-1. Implementation of the turnpike widening. Upon approval of this Part by the voters in accordance with Section 2 of this Part, the Maine Turnpike Authority shall exercise its powers, within the financial resources from time to time authorized and reasonably available to it, to file necessary permit applications for and to carry out the construction of one additional travel lane for each direction of travel on the turnpike between Mile 12 and Mile 42.

Sec. B-2. Referendum procedure; submission at statewide election; form of question; effective date. This Part must be submitted to the legal voters of the State of Maine at a statewide election held on the Tuesday following the first Monday of November following 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 shall 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 and proclaim the results without delay. If it appears that a majority of the legal votes are cast in favor of this Part, the Governor shall proclaim that fact and this Part takes effect 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 purpose of this referendum.

PART C

Sec. C-1. Finding. The Legislature finds that the determination of the Maine Turnpike Authority pursuant to the Maine Revised Statutes, Title 23, section 1965-A that safe, reasonable-cost, nonwidening alternatives using available technologies are not adequate to meet the identified safety and traffic needs of the Maine Turnpike between Mile 12 and Mile 42, and the authority's determination concerning alternatives to widening the turnpike, is reasonable and appropriate and satisfies the applicable requirements of the Sensible Transportation Policy Act.

Intent and Content

This legislatively authorized referendum would direct the Maine Turnpike Authority to seek necessary permits for and to construct an additional travel lane for each direction of travel on the Maine Turnpike between Mile 12 (Wells) and Mile 42 (South Portland). The proposed legislation further provides that if the referendum question is not approved by the voters, any further widening of the Maine Turnpike will require the approval of the Legislature.


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