CHAPTER 40
H.P. 1312 - L.D. 1860
An Act to Authorize Hancock County to Hold a Referendum Election in November 1997 on a Bond Issue of $6,000,000 to Construct a New Jail and to Provide Necessary Renovations to the Courthouse to Comply with State Mandates
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, Hancock County needs a new jail facility; and
Whereas, the need exists for renovations at the Hancock County courthouse to comply with state mandates; and
Whereas, the county commissioners must begin the necessary preparation of the ballot to be presented to the voters of Hancock County; 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. To raise money for construction of jail facility at Hancock County courthouse. The county commissioners of Hancock County are authorized to raise and expend a sum not to exceed $6,000,000 for construction of a jail facility located in Hancock County and to renovate the Hancock County courthouse according to state specifications.
Sec. 2. Aid from other sources. The county commissioners of Hancock County are authorized to borrow any portion of the sums authorized by this Act from or through any agency or department of State Government and Federal Government. The county commissioners are authorized to receive grants of money and other assistance from or through any agency or department of State Government and Federal Government for any of the purposes authorized in this Act.
Sec. 3. Bonds. To provide funds for the county jail facility, the treasurer of Hancock County, with the approval of the county commissioners, may borrow upon the full faith and credit of the county such sums as necessary, not exceeding in the aggregate $6,000,000, and may issue bonds for those sums that must bear on their face the words "Hancock County Capital Improvement Bonds Act of 1997." Each authorized issue is payable in such annual installments, beginning not more than 2 years from the date of authorization and not earlier than the year 1999, as will extinguish each loan in not more than 20 years from its date. The bonds must be signed by the treasurer of the county and countersigned by the majority of the county commissioners. The county may sell the securities at public or private sale upon the terms and conditions that the county commissioners determine proper but at not less than par and accrued interest.
Sec. 4. Temporary notes. The county treasurer, with the approval of the county commissioners, may issue temporary notes of the county payable not more than one year from their dates in anticipation of the issue of bonds under this Act and may renew those notes, but the time within which the bonds become due and payable may not by reason of those temporary notes be extended beyond the term fixed by this Act. Any notes issued in anticipation of the bonds must be paid from the proceeds of the bonds.
Sec. 5. Bonds authorized but not issued. Any bonds authorized but not issued, or for which bond anticipation notes have not been issued within 5 years of the ratification of this Act, are deauthorized and may not be issued, provided 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. 6. Service fees. The county may negotiate with the municipality in which the county jail facility, constructed with funds provided under this Act, and the Hancock County courthouse are located for the annual payment of reasonable service fees reflecting the cost of municipal services associated with the county jail facility and the renovation of the Hancock County courthouse.
Sec. 7. Referendum for ratification. This Act must be submitted to the legal voters of Hancock County. The dates of the submission must be determined by the Hancock County Board of Commissioners but may not be later than 18 months after adjournment of the Legislature. The Hancock County commissioners are authorized to expend the funds necessary to implement the referendum.
The county commissioners shall cause the preparation of the required ballots on which the county commissioners shall state the subject matter of this Act in the following question:
"Do you favor a bond issue not to exceed $6,000,000 for construction of a jail facility and renovations of the Hancock County Courthouse?"
The ballot must also contain the following information determined by the county commissioners to be accurate as of the date when it is necessary to begin preparation of the ballot question:
1. A statement of the total debt service of the requested issue divided into principal and interest and indicating the interest rate and period of the bond; and
2. A statement of the county's bonded indebtedness prior to the requested bond issue.
The voters shall indicate by a cross or a check mark placed against the words "Yes" or "No" their opinion of the question.
This Act takes effect immediately upon its acceptance by a majority of the legal voters voting at the election if the total number of votes cast for and against the acceptance of this Act equals or exceeds 30% of the total votes for all candidates for Governor cast in the most recent gubernatorial election in the county. If at the first election the total number of votes cast for or against acceptance of this Act is less than 30% of the total votes for all candidates for Governor cast in the county in the most recent gubernatorial election, the county commissioners may submit the question to voters not more than one other time within the time prescribed in this section.
The result of the elections must be declared by the Hancock County commissioners and filed with the Secretary of State.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective pending referendum.
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