1. Act. "Act" means the Maine Governmental Court Facilities Authority Act.

2. Authority. "Authority" means the Maine Governmental Court Facilities Authority as established by this Act.

3. Bonds. "Bonds" means any bonds or securities of the Maine Governmental Court Facilities Authority issued pursuant to this Act.

Sec. 6. 4 MRSA §1603, sub-§§5 and 6, as amended by PL 1997, c. 523, §5, are further amended to read:

5. Holder of securities or holder. "Holder of securities" or "holder" or any similar term, when used with reference to securities of the Maine Governmental Court Facilities Authority, means any person who is the bearer of any outstanding securities of the authority registered to bearer or not registered, or the registered owner of any outstanding securities of the authority that, at the time, are registered other than to bearer.

6. Notes. "Notes" means any notes of the Maine Governmental Court Facilities Authority issued pursuant to this Act.

Sec. 7. 4 MRSA §1603, sub-§7, as amended by PL 1997, c. 788, §1, is further amended to read:

7. Project, projects or part of any project. "Project, projects or part of any project" means the acquisition, construction, improvement, reconstruction or equipping of, or construction of an addition or additions to, any structure designed for use as a court facility, state office or state activity space and intended to be used primarily by the State, any agency, instrumentality or department of the State or by any branch of State Government. The structure may include facilities for the use of related court-related agencies of state, county or local government such as, but not limited to, public prosecutors' offices and probation and parole offices. "Project, projects or part of any project" includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, parking lots, parking facilities, rights-of-way, utilities, easements and other interests in land, machinery and equipment and all fixtures, appurtenances and facilities either on, above or under the ground that are used or usable in connection with the structure, and

also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended. "Project, projects or part of any project" also includes the acquisition, construction, improvement, reconstruction or repair of any equipment, device, technology, software or other personal property intended to be used primarily by the State, any agency, instrumentality or department of the State or by any branch of State Government or any related agency of state, county or local government. The exact scope of each project, projects or part of any project, other than those for the Judicial Branch and the Legislative Branch, must be set forth in a written designation by the Commissioner of Administrative and Financial Services to the authority and the exact scope of each project, projects or part of any project for the Judicial Branch must be set forth in a written designation by the State Court Administrator to the authority. The scope of each project for the Legislative Branch must receive a majority vote of the Legislative Council and be set forth in a written designation by the Executive Director of the Legislative Council to the authority. "Project, projects or part of any project" does not include such items as fuel, supplies or other items that are customarily considered as a current operating charge.

Sec. 8. 4 MRSA §1604, first¶, as amended by PL 1997, c. 523, §7, is further amended to read:

In order to carry out the purposes of this Act, the Maine Governmental Court Facilities Authority has the following powers with respect to project, projects or part of any project together with all powers incidental to those powers or necessary for the performance of the following:

Sec. 9. 4 MRSA §1604, sub-§1, as amended by PL 1997, c. 523, §8, is further amended to read:

1. Perpetual succession. To have perpetual succession as a body politic and corporate and an instrumentality or agency of the State;

Sec. 10. 4 MRSA §1604, sub-§18, as amended by PL 1997, c. 523, §9, is further amended to read:

18. Lease or rent any land, buildings, structures, facilities or equipment. To lease or rent any land, buildings, structures, facilities or equipment comprising all or a portion of a project, projects or part of any project for such amounts as the authority determines to the State or any agency, instrumentality or department of the State or by any branch of

State Government or any related agency of state, county or local government, to further the purposes of the Act, provided that as long as the obligation of the State or of any such agency, instrumentality, or department or branch to make any rental or other payments is considered executory only to the extent of money made available by the Legislature, and that as long as no liability on account of the state agency, instrumentality, or department or branch may be incurred by the State or any such agency, instrumentality, or department or branch beyond the money available for that purpose;

Sec. 11. 4 MRSA §1605, as amended by PL 1997, c. 523, §13, is further amended to read:

§1605. Leasing or renting property of the authority

For the purposes of this chapter, the authority may lease, rent, assign or otherwise dispose of a project, projects or part of any project court facilities only to the State, any agency, instrumentality or department of the State or judicial branch of State Government or any related agency of state, county or local government to be used for court facilities, and the revenues derived by the authority from any lease or rental agreement must be used, as necessary, to pay the principal interest and other associated costs on or with respect to any securities issued pursuant to this chapter.

Sec. 12. 4 MRSA §1606, sub-§2, as amended by PL 1999, c. 787, §1, is further amended to read:

2. Limitation on securities issued. The authority may not issue securities in excess of $93,000,000 $25,000,000 outstanding at any one time, of which no less than $40,000,000 must be specifically allocated to projects relating to the Judicial Branch, except for the issuance of revenue refunding securities authorized by section 1610 and securities issued under section 1610-A. The amount of securities that may be outstanding in the name of the authority may be increased by the Legislature upon a showing by the authority that its available revenues are sufficient to support additional issuance of securities and that the issuance of securities will not materially impair the credit standing of the authority, the investment status of securities issued by the authority or the ability of the authority to fulfill its commitments to holders of securities. Nothing in this This chapter may not be construed to authorize the authority to issue securities to fund the construction, reconstruction, purchase or acquisition of facilities for the use of the Supreme Judicial Court without a majority 2/3 vote of approval in each House of the Legislature.

Sec. 13. 4 MRSA §1619, first ¶, as amended by PL 1997, c. 523, §20, is further amended to read:

The authority may accept gifts and contributions as provided in section 1604, subsection 25, for the purpose of designing, constructing, reconstructing, renovating or acquiring a project, projects or part or any project court facilities, including facilities for the Supreme Judicial Court, in accordance with section 1606, subsection 2. The authority may accept gifts for the purpose of furnishing a project, projects or part of any project court facilities, including the facilities of the Supreme Judicial Court. Furnishings include, but are not limited to, paintings, artifacts, furniture and similar articles.

Sec. 14. Succession of authority. The Maine Court Facilities Authority is the successor to the Maine Governmental Facilities Authority and as such assumes all rights, liabilities, indebtedness and duties entered into by the Maine Governmental Facilities Authority, upon the effective date of this Act. All properties, rights in land, buildings and equipment and any funds, money, revenues and receipts or assets of the Maine Governmental Facilities Authority or due to the Maine Governmental Facilities Authority belong to the Maine Court Facilities Authority as successor. Upon succession, the Maine Governmental Facilities Authority ceases to exist.

Sec. 15. Report. The Commissioner of Administrative and Financial Services shall submit a plan to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on State and Local Government by January 15, 2002 that describes a method by which the debt service payments together with any related costs and expenses of the Maine Court Facilities Authority will be financed.

Sec. 16. Outstanding securities limitation. The limitation placed on the issuance of securities by the Maine Court Facilities Authority pursuant to the Maine Revised Statutes, Title 4, section 1606, subsection 2 does not affect any securities issued by the Maine Governmental Facilities Authority prior to the effective date of this Act, except that the Maine Court Facilities Authority may not issue any new securities until the amount of outstanding securities is less than the limit imposed under Title 4, section 1606, subsection 2.

SUMMARY

This bill replaces the Maine Governmental Facilities Authority with the Maine Court Facilities Authority and limits the projects for which the authority may issue securities to the

acquisition, construction, improvement, reconstruction or equipping of court facilities. The bill places a limit on the amount of securities that may be issued by the authority of $25,000,000; the amount may be changed only by a 2/3 vote of each House of the Legislature; current law requires a simple majority. This bill does not affect any securities outstanding; however, the authority may not issue new securities until the amount of outstanding securities is below $25,000,000.