Maine Citizen’s Guide to the
Referendum Election
Tuesday, November 6, 2012
In Accordance with
the June 11, 2012 Proclamation of the Governor and with
the Acts Passed by the 125th Legislature
at the Second Regular Session
Charles E. Summers, Jr.
Secretary of State
Appropriation 010-29A-4213-012
State of Maine
Office of the Secretary of State
Augusta, Maine 04333
Dear Fellow Citizen,
The information in this booklet is intended to help voters learn about the questions that will appear on the November 6, 2012 Referendum Election ballot. Referendum elections are an important part of the heritage of public participation in Maine.
Inside this booklet, you will find:
w the referendum questions;
w the legislation each question represents;
w a summary of the intent and content of the legislation;
w an explanation of the significance of a “yes” or “no” vote;
w an analysis of the debt service on the bond issues;
w an estimate of the fiscal impact of each referendum question on state revenues, appropriations and allocations; and
w public comments filed in support of or in opposition to each ballot measure.
For information about how and where to vote, please contact your local municipal clerk or call Maine’s Division of Elections at 624-7650. Information is also available online at www.maine.gov/sos.
The Department of the Secretary of State, the Attorney General, the State Treasurer and the Office of Fiscal and Program Review have worked together to prepare this booklet of information and we hope you find it helpful.
Sincerely,
Charles E. Summers, Jr.
Secretary of State
Features in this Guide
In addition to the Intent and Content summaries prepared by the Office of the Attorney General, and the Treasurer’s Statement and analysis of the debt service on the bond issues, this Guide also includes an estimate of the fiscal impact of each statewide referendum on state revenues, appropriations and allocations. The fiscal impact estimate must summarize the aggregate impact that each ballot measure will have on the General Fund, the Highway Fund, Other Special Revenue Funds and the amounts distributed by the state to local units of government.
In addition the Guide may also include public comments in support of or in opposition to each ballot measure. As required by this law, a person filing a public comment for publication must pay a fee of $500 to the Secretary of State. Fees filed with public comments will be deposited in the Public Comment Publication Fund. The money in this fund must be used for the purpose of publishing the Secretary of State’s Guide to the Referendum Election.
Pursuant to Chapter 316 of the Public Laws of 2005, the Secretary of State adopted rules regarding the publication of public comment by proponents and opponents of ballot measures. Chapter 520, Rules Regarding Publication of Public Comments on Statewide Referenda, are available on the Secretary of State’s web site at:
http://www.maine.gov/sos/cec/rules/29/250/250c520.doc
State of Maine
Referendum Election, November 6, 2012
Listing of Referendum Questions
Question 1: Citizen Initiative
Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?
Question 2: Bond Issue
Do you favor an $11,300,000 bond issue to provide funds for capital to build a diagnostic facility for the University of Maine System; for capital improvements and equipment, including machine tool technology, for the Maine Community College System; and for capital improvements and equipment at the Maine Maritime Academy?
Question 3: Bond Issue
Do you favor a $5,000,000 bond issue to purchase land and conservation easements statewide from willing sellers for public land and water access, conservation, wildlife or fish habitat and outdoor recreation, including hunting and fishing and deer wintering areas, and to preserve working farmland and working waterfronts to be matched by at least $5,000,000 in private and public contributions?
Question 4: Bond Issue
Do you favor a $51,500,000 bond issue for improvements to highways and bridges, local roads, airports and port facilities, as well as for funds for rail access, transit buses and the LifeFlight Foundation, which will make the State eligible for at least $105,600,000 in federal and other matching funds?
Question 5: Bond Issue
Do you favor a $7,925,000 bond issue to be expended over 2 years for revolving loan funds for drinking water systems and for wastewater treatment facilities, which will make the State eligible to secure $39,625,000 in federal grants?
Statement of Maine State Treasurer
Bruce L. Poliquin
The Maine State Legislature has authorized the borrowing of $75,725,000 to fundvarious projects. This borrowing must be approved by the Maine voters.
If approved, the State Treasurer may borrow up to $75,725,000 by selling General Obligation bonds to investors. These bonds are loans backed by the full faith and credit of the State of Maine. The annual interest and principal ("debt service") payments to the bondholders will be funded primarily by personal and corporate income and sales taxes paid by Maine citizens, businesses, and visitors. These debt service payments will pay off the bonds over the ensuing 10 years.
If this $75,725,000 of borrowing is approved by the Maine voters, the total estimated cost based on 4.5% annual interest over the 10-year life of the bonds will be:
$75,725,000 (principal)+$18,741,938 (interest)=$94,466,938 (total).
In addition to the above, as of June 30, 2012, below are the annual debt service payments needed to pay off the State General Obligation bonds which have already been sold andobligated to be repaid by Maine taxpayers:
FISCAL YEAR / PRINCIPAL + INTEREST = TOTAL2013 / $102,330,000 / $18,076,400 / $120,406,400
2014 / 83,480,000 / 14,703,857 / 98,183,857
2015 / 69,650,000 / 11,886,492 / 81,536,492
2016 / 54,340,000 / 9,411,404 / 63,751,404
2017 / 49,105,000 / 7,101,545 / 56,206,545
2018 / 42,995,000 / 4,878,797 / 47,873,797
2019 / 32,590,000 / 2,985,310 / 35,575,310
2020 / 19,260,000 / 1,594,000 / 20,854,000
2021 / 13,570,000 / 915,250 / 14,485,250
2022 / 4,735,000 / 236,750 / 4,971,750
Furthermore, as of June 30, 2012, below are the State General Obligation bonds that have already been authorized by the Maine State Legislature and approved by the voters, and have also been authorized by the Maine Constitution and laws, but not yet borrowed (by selling bonds) by the State Treasurer:
$40,752,809 (authorized by Legislature and approved by voters)+$99,000,000 (authorized by Maine Constitution and laws)=$139,752,809 (total authorized but not yet borrowed).
Bruce L. Poliquin, Treasurer of State
Question 1: Citizen Initiative
Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?
STATE OF MAINE
“An Act To Allow Marriage Licenses for Same-sex Couples and Protect Religious Freedom”
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §650-A is enacted to read:
§650-A. Codification of marriage
Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law.
Sec. 2. 19-A MRSA §650-B is enacted to read:
§650-B. Recognition of marriage licensed and certified in another jurisdiction
A marriage of a same-sex couple that is validly licensed and certified in another jurisdiction is recognized for all purposes under the laws of this State.
Sec. 3. 19-A MRSA §651, sub-§2, as amended by PL 1997, c. 537, §12 and affected by §62, is further amended to read:
2. Application. The parties wishing to record notice of their intentions of marriage shall submit an application for recording notice of their intentions of marriage. The application may be issued to any 2 persons otherwise qualified under this chapter regardless of the sex of each person. The application must include a signed certification that the information recorded on the application is correct and that the applicant is free to marry according to the laws of this State. The applicant's signature must be acknowledged before an official authorized to take oaths. Applications recording notice of intentions to marry must be open for public inspection in the office of the clerk. When the application is submitted, the applicant shall provide the clerk with the social security numbers of the parties. The application must include a statement that the social security numbers of the parties have been provided to the clerk. The clerk shall record the social security numbers provided by each applicant. The record of the social security numbers is confidential and is not open for public inspection.
Sec. 4. 19-A MRSA §655, sub-§3 is enacted to read:
3. Religious exemption. This chapter does not require any member of the clergy to perform or any church, religious denomination or other religious institution to host any marriage in violation of the religious beliefs of that member of the clergy, church, religious denomination or other religious institution. The refusal to perform or host a marriage under this subsection cannot be the basis for a lawsuit or liability and does not affect the tax-exempt status of the church, religious denomination or other religious institution.
Sec. 5. 19-A MRSA §701, as amended by PL 2007, c. 695, Pt. C, §4, is further amended to read:
§701. Prohibited marriages; exceptions
1. Marriage out of State to evade law. When residents of this State, with intent to evade this section and to return and reside here, go into another state or country to have their marriage solemnized there and afterwards return and reside here, that marriage is void in this State.
1-A. Certain marriages performed in another state not recognized in this State. Any marriage performed in another state that would violate any provisions of subsections 2 to 5 4 if performed in this State is not recognized in this State and is considered void if the parties take up residence in this State.
2. Prohibitions based on degrees of consanguinity; exceptions. This subsection governs marriage between relatives.
A. A man may not marry his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister, mother's sister, the daughter of his father's brother or sister or the daughter of his mother's brother or sister. A woman may not marry her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother, mother's brother, the son of her father's brother or sister or the son of her mother's brother or sister. A person may not marry that person's parent, grandparent, child, grandchild, sibling, nephew, niece, aunt or uncle.
B. Notwithstanding paragraph A, a man may marry the daughter of his father's brother or sister or the daughter of his mother's brother or sister, and a woman may marry the son of her father's brother or sister or the son of her mother's brother or sister as long as, pursuant to sections 651 and 652, the man or woman provides the physician's certificate of genetic counseling.
3. Persons under disability. A person who is impaired by reason of mental illness or mental retardation to the extent that that person lacks sufficient understanding or capacity to make, communicate or implement responsible decisions concerning that person's property or person is not capable of contracting marriage. For the purposes of this section:
A. "Mental illness" means a psychiatric or other disease that substantially impairs a person's mental health; and
B. "Mental retardation" means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period.
4. Polygamy. A marriage contracted while either party has a living wife or husband from whom the party is not divorced is void.
5. Same sex marriage prohibited. Persons of the same sex may not contract marriage.
Intent and Content
Prepared by the Office of the Attorney General
This citizen-initiated legislation would remove the existing prohibition on same-sex marriage in Maine law and allow the state to issue marriage licenses to same-sex couples. The legislation also provides that the marriage of a same-sex couple that is licensed and certified under the laws of another state would be recognized as valid for all purposes under the laws of this state.
No member of the clergy is required under this legislation to perform any marriage in violation of his or her religious beliefs, and no place of worship is required to host a marriage in violation of the beliefs of that religious organization. The legislation also expressly provides that the refusal to perform or to host a marriage shall not be the basis upon which to file a lawsuit against, or to find liable, a member of the clergy or place of worship for refusing to perform or to host a marriage.
If approved, this citizen initiated legislation would take effect 30 days after the Governor proclaims the official results of the election.
A “YES” vote is to enact the initiated legislation.
A “NO” vote opposes the initiated legislation.
.
Fiscal Impact Statement
Prepared by the Office of Fiscal and Program Review
This citizen initiative will reduce Real Estate Transfer Tax collections as a result of the change in filing status of same-sex couples choosing to marry. However, eligibility and net benefits under the Maine Resident Property Tax and Rent Refund Program will also be reduced, resulting in some offsetting increases to revenue. Due to the potentially significant margin of error in identifying the number of same sex couples, the percentage choosing to marry and the timing of those marriages, a dollar impact of these tax effects is not available at this time, but the net effect of all tax effects on General Fund and Other Special Revenue Funds revenue is expected to be negligible.
The bill will also increase local revenue from marriage license fees but decrease revenue to counties from the Real Estate Transfer Tax. Again, the timing and amount of these impacts cannot be estimated at this time.
Correctional and Judicial Impact Statements
An increase in the number of marriages is expected to increase the caseload in the judicial system attributable to additional divorce proceedings.
The collection of additional filing fees may increase General Fund revenue by minor amounts.