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1998 Maine Attorney General Reports and Opinions 1 (1998)

handle is hein.sag/sagme0026 and id is 1 raw text is: 98-1 ANDREW KETTERER ATTORNEY GENERAL REGIONAL OFFICES: 84 HARLow ST., 2No FLOOR BANGOR, MAINE 04401 TEL: (207) 941-3070 STATE OF MAINE FAX: (207) 941-3075 DEPARTMENT OF THE ATTORNEY GENERAL 59 PREBLE STREET Telephone: (207) 626-8800 6 STATE HOUSE STATION PORTLAND, MAINE 04101-3014 FAX, (2071287-3145 TEL: (207) 822-0260 TOO: (2071626-8865 AUGUSTA, MAINE 04333-0006 FAX:(207)822-0259 March 24, 1998 Representative James 0. Donnelly House Republican Floor Leader 2 State House Station Augusta, ME 04333-0002 Dear Representative Donnelly: I am writing to confirm the advice I rendered to you earlier concerning the constitutionality of Legislative Document 2259, AN ACT to Preserve the State House and to Renovate State Facilities. If enacted, this Act would authorize the Maine Governmental Facilities Authority to issue securities in its own name for the purposes of paying the cost of the construction of a connector between the State Office Building and the State Capitol Building; the preservation and renovation of the State Capitol Building; and the renovations of the State Office Building the Tyson Building and the Marquardt Building. As I indicated, I do not see any constitutional difficulty with this proposed legislation under the provision of the Maine Constitution prohibiting the issuance of bonds which pledge the credit of the State without the approval of two-thirds of the electorate and a majority of the voters at a general or special election, Me. Const., Art. IX, § 14. The liability of the State for any debt incurred by the Authority is addressed in 4 M. R. S. A. § 1618, which provides: Securities issued under this Act do not constitute or create any debt or debts, liability or liabilities on behalf of the State or of any political subdivision of the State other than the authority or a loan of the credit of the State or a pledge of the faith and credit of the State or of any political subdivision other than the authority, but are payable solely from the funds provided for that payment. All such securities must contain on their face a statement to Vn cd. It) cc d itt1 ' ci

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