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PUBLIC LAWS OF MAINE
Second Special Session of the 118th

CHAPTER 788

H.P. 1631 - L.D. 2259

An Act to Preserve the State House and to Renovate State Facilities

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 4 MRSA §1603, sub-§7, as amended by PL 1997, c. 523, §6, is further amended to read:

     7. Project, projects or part of any project. "Project, projects or part of any project" means the acquisition, construction, improvement, reconstruction or equipping of, or construction of an addition or additions to, any structure designed for use as a court facility, state office or state activity space and intended to be used primarily by the State, any agency, instrumentality or department of the State or by any branch of State Government. The structure may include facilities for the use of related agencies of state, county or local government. "Project, projects or part of any project" includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, parking lots, parking facilities, rights-of-way, utilities, easements and other interests in land, machinery and equipment and all fixtures, appurtenances and facilities either on, above or under the ground that are used or usable in connection with the structure, and also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended. "Project, projects or part of any project" also includes the acquisition, construction, improvement, reconstruction or repair of any equipment, device, technology, software or other personal property intended to be used primarily by the State, any agency, instrumentality or department of the State or by any branch of State Government or any related agency of state, county or local government. The exact scope of each project, projects or part of any project, other than those for the Judicial Branch and the Legislative Branch, must be set forth in a written designation by the Commissioner of Administrative and Financial Services to the authority and the exact scope of each project, projects or part of any project for the Judicial Branch must be set forth in a written designation by the State Court Administrator to the authority. The scope of each project for the Legislative Branch must receive a majority vote of the Legislative Council and be set forth in a written designation by the Executive Director of the Legislative Council to the authority. "Project, projects or part of any project" does not include such items as fuel, supplies or other items that are customarily considered as a current operating charge.

     Sec. 2. 4 MRSA §1606, sub-§2, as amended by PL 1997, c. 523, §15, is further amended to read:

     2. Limitation on securities issued. The authority may not issue securities in excess of $60,000,000 $83,000,000 outstanding at any one time, of which no less than $30,000,000 must be specifically allocated to projects relating to the Judicial Branch, except for the issuance of revenue refunding securities authorized by section 1610. The amount of securities that may be outstanding in the name of the authority may be increased by the Legislature upon a showing by the authority that its available revenues are sufficient to support additional issuance of securities and that the issuance of securities will not materially impair the credit standing of the authority, the investment status of securities issued by the authority or the ability of the authority to fulfill its commitments to holders of securities. Nothing in this chapter may be construed to authorize the authority to issue securities to fund the construction, reconstruction, purchase or acquisition of facilities without a 2/3 majority vote of approval in each House of the Legislature.

     Sec. 3. Legislative space in the State Office Building. The Commissioner of Administrative and Financial Services shall provide the Maine State Legislature with not less than 33,000 gross square feet of space in the State Office Building, including common areas and private offices. Use and design of

     this space must be determined by majority vote of the Legislative Council. Aside from costs associated with the design phase and site preparation, including asbestos remediation, no expenditure of funds regarding this space may be made until its use and design are determined.

     The Legislative Council has the authority to authorize the Executive Director to enter into contracts for the purpose of maintaining or improving the 33,000 gross square feet of space in the State Office Building provided to the Legislature.

     Sec. 4. Maine Governmental Facilities Authority; resolution for issuance of securities. Pursuant to the Maine Revised Statutes, Title 4, section 1606, subsection 1, the Maine Governmental Facilities Authority is authorized to issue securities in its own name in an amount up to $52,500,000 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.

     Sec. 5. Allocation. The proceeds from the sale of the bonds must be expended as follows:

Connector construction $4,000,000

Renovation and preservation of
the State Capitol Building 19,283,830

State Office Building, Tyson Building
and Marquardt Building renovations 29,216,170

          ____________

TOTAL $52,500,000

Effective July 9, 1998, unless otherwise indicated.

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