CHAPTER 38
S.P. 807 - L.D. 2219
An Act Relating to the Kennebec Regional Development Authority
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Legislature, through Private and Special Law 1997, chapter 79, established the Kennebec Regional Development Authority; and
Whereas, several parts of chapter 79 require clarification in order to facilitate the organization of the Kennebec Regional Development Authority and the issuance of bonds by that entity; and
Whereas, the completion of the organization of the Kennebec Regional Development Authority is vitally necessary at the earliest possible time to serve the needs of the central Maine area; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. P&SL 1997, c. 79, §1, first ¶ is amended to read:
Sec. 1. Kennebec Regional Development Authority established; incorporation; purposes. The territory, cities, towns and plantations that on the effective date of this Act comprise the so-called Kennebec Valley Economic Development District, which presently comprises all of the cities, towns and plantations located within Kennebec and Somerset counties and the towns of Unity, Troy, Thorndike, Freedom, Palermo and Burnham located along the western border of Waldo County, or any combination of such cities, towns and plantations, constitute a body politic and corporate to be known as the Kennebec Regional Development Authority, referred to in this Act as the "authority," for the benefit and welfare of the inhabitants thereof and to:
Sec. 2. P&SL 1997, c. 79, §4 is amended by adding 2 new paragraphs at the end to read:
The bonds, notes and other obligations of the authority do not constitute any debt or liability of the State or any participating city, town or plantation and do not constitute a pledge of the faith and credit of the State or any participating city, town or plantation nor in any event may such bonds, notes or other obligations be payable out of any funds other than those of the authority and a statement to that effect must be set forth in any bond, note or other obligation issued pursuant to this Act. Except as set forth in this Act, bonds, notes or other obligations of the authority do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
The bonds, notes and other obligations of the authority are eligible for purchase pursuant to Title 30-A, chapter 225 and the authority is declared to be a single "governmental unit" within the meaning of Title 30-A, section 5903, subsection 6. The authority is also authorized to issue bonds, notes or other obligations to the Finance Authority of Maine and the Finance Authority of Maine is authorized to provide financial assistance to the authority pursuant to Title 10, chapter 110, notwithstanding Title 10, section 1041, subsection 3.
Sec. 3. P&SL 1997, c. 79, §10, first ¶ is amended by adding at the end a new sentence to read:
The general assembly shall submit to the joint standing committee of the Legislature having jurisdiction over business and economic development matters, not later than the first business day in January of each year, a complete report on the activities of the authority.
Sec. 4. P&SL 1997, c. 79, §14 is repealed and the following enacted in its place:
Sec. 14. Emergency clause; voting procedure; effective date. In view of the emergency cited in the preamble, this Act takes effect when approved only for the purposes of permitting its submission to the legal voters and city councils of the cities, towns and plantations described in Section 1 of this Act at regular or special town or plantation meetings, city elections or city, town or plantation council meetings called and held for that purpose before June 30, 1999. Whenever cities, towns and plantations have charters, the manner in which a vote is taken either through a city, town or plantation council meeting, city election or town or plantation meeting must be determined based upon the provisions of the city, town or plantation charter and any such city elections, city, town or plantation council meetings, or town or plantation meetings must be called, advertised and conducted according to the law relating to municipal elections and meetings. The declaration of the municipal officers of any city, town or plantation that the city, town or plantation has become a member of the authority in accordance with its charter is conclusive and may not be open to question in any court upon any grounds. Any action that has been taken by the city, town or plantation at a time prior to the amendment of this section, which action is consistent with the provisions of this section as amended is hereby ratified in all respects to the extent that such action is considered for all purposes as being consistent with the provisions of this section as subsequently amended. The registrars of voters are not required to prepare, nor the clerks to post, new lists of voters. For the purpose of registration of voters, the registrars of voters must be in session on the secular day next preceding these regular or special meetings. The votes taken at any town or plantation meeting must be taken in a manner that enables a written record to be made of the number of yea and nay votes on the question presented to said meeting.
In those instances where a vote is taken at a town or plantation meeting or through an election, the municipal clerk shall reduce the subject matter of this Act to the following question that must appear, in the case of an election, on the ballot and, in the case of a town or plantation meeting, on the warrant:
"Do you favor approving the Act creating the Kennebec Regional Development Authority passed by the 118th Legislature, and (insert name of city, town or plantation) becoming a participating member of that authority?"
In the case of written ballots, the voters must indicate by a cross or a check mark placed against the words "Yes" or "No" their opinion of the same. In the case of a vote taken at a meeting of a city, town or plantation council meeting, the same question must be presented to the members of the council for their vote.
This Act takes effect immediately upon acceptance by the cities, towns and plantations so voting approval and having a combined state valuation of at least $3,000,000,000. The result of the votes taken in each city, town or plantation must be declared by the respective municipal officers and due certification thereof must be filed by the city, town or plantation clerk with the Secretary of State.
Effective June 10, 1999.
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