PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Require a 2/3 Vote of Each House of the Legislature To Enact or Increase a Tax or License Fee
Constitutional amendment. Resolved:  Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:
 
Constitution, Art. IV, Part Third, §24    is enacted to read:
Section 24.  Enactment of or increase in a tax or license fee.  After the effective date of this section:
.  1. Enactment.  A tax or license fee may not be imposed or levied unless the tax or license fee was enacted by vote of 2/3 of all members elected to each House of the Legislature;
.  2. Increase.  The effective rate of a tax or license fee may not be increased except by enactment of legislation approved by 2/3 of all members of each House of the Legislature;
.  3. Exception; debt payment.  To the extent necessary to make up for General Fund revenues set apart by the Treasurer of State to pay interest and principal on bonded debt as provided under Article V, Part Third, Section 5, the Legislature may enact a tax or license fee or increase the rate of taxes or license fees without application of subsections 1 and 2; and
.  4. Exception; emergency measures.  This Section does not apply to enactment of or increase in a tax or license fee that is required to receive a vote of more than 2/3 of all members of each House of the Legislature under another provision of this Constitution.
; and be it further
Constitutional referendum procedure; form of question; effective date. Resolved:  That the municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, at a statewide election held in the month of November following the passage of this resolution, to vote upon the ratification of the amendment proposed in this resolution by voting upon the following question:
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within the corresponding square below the word “Yes” or “No.” The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If it appears that a majority of the legal votes are cast in favor of the amendment, the Governor shall proclaim that fact without delay and the amendment becomes part of the Constitution of Maine on the date of the proclamation; and be it further
Secretary of State shall prepare ballots. Resolved:  That the Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this resolution necessary to carry out the purposes of this referendum.
 
SUMMARY
This bill proposes an amendment to the Constitution of Maine to require approval of 2/3 of all members of each House of the Legislature to enact or increase taxes or license fees except when inadequate funds have been appropriated for debt payment.