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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

ATTORNEY GENERAL                                                     REGIONAL OFFICES:
84 HARLow ST., 2No FLOOR
TEL: (207) 941-3070
STATE OF MAINE                      FAX: (207) 941-3075
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

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