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The rest of this post contains out takes for A Maine Citizens Journey Through the Statutes of Transformation. which you can have by supporting this blog for a minimum contribution of $10.00 sent via PayPal to mackenzie@andersenstudio.com. I will then email the TimeLine to you, which includes the research I did on the 2013 legislative session, which I have been reporting on here and will continue to do so:
Article
IV Part Third Section 14 added to Maine State Constitution forbidding
the legislature to charter corporations by special acts of
legislation
Article IV.
Part Third. Legislative Power
Section 13. Special legislation. The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or private legislation.
Section
14. Corporations, formed under general laws.
Corporations
shall be formed under general laws, and shall not be created by
special Acts of the Legislature, except for municipal purposes, and
in cases where the objects of the corporation cannot otherwise be
attained; and, however formed, they shall forever be subject to the
general laws of the State.
Governor
Seldon Connor
In
Governor Seldon Conner's Inaugural Address he said these words
pertaining to the new constitutional amendment:
Section
thirteen presents a discretionary field of action which your own
honor will impel you to occupy to the fullest extent.'The title of
'Special and Private Laws,' which includes so large a portion of the
laws of former Legislatures, is an obnoxious one, conveying
suggestions of privilege, favoritism and monopoly;
though happily these evils have not in fact, stained the character of
our legislation, they
should not be suffered to have, even in the form of our laws, any
grounds of suspicion that can be removed.
Other weighty objections to special laws for private benefit are,
that they
are obtained at the public expense, and in their passage distract the
attention of legislators from matters of public interest.
The opportunity is now afforded, and the duty enjoined upon you, by
the amendment, to
restrict the necessity for such laws to the narrowest possible
limits.
An analysis and classification of the private and special laws upon
the statute books, will inform you of the objects for which it is
desirable to provide by general laws, if practicable. 'Many
objects have been hitherto specially legislated upon although they
were amply provided for by general laws.
I have distinguished authority for the statement that sixty or more
of the corporations created by a special act for each, by the last
Legislature, could have been created and organized under general
laws. The reason why the general laws have not been resorted to to a
greater extent, is not, so far as I am informed, to be found in any
insufficiency or defect of those laws, but in the greater ease and
simplicity of the method of application to the Legislature and in
the fancied higher [146 Me. 323] sanction of an authority proceeding
directly from it.
Section
fourteen, relating to corporations is compressive and peremptory.. It
relates
to all corporations, except only those for municipal purposes.
It clearly prohibits their creation by special acts if the objects
desired can be secured under existing general laws.' ( emphasis
mine)
From Governor Seldon Conner's Inaugural Address
1876
-
I
don't have a link for this - it was found in The
Maine Constitution- A reference guide by Marshall J Tinkl
Forward to More Present History
1977
Legislature
charters the Maine
Development Foundation as
a non-profit corporation to serve as an instrumentality of the state
with the function of .
§915.
Legislative findings and intent: "There
is a need to establish a new basis for a creative
partnership of the private and public sectors ...but
which does not compromise the public interest or the profit motive.
The state's solitary
burden
to
provide for development should lessen through involving the private
sector in a leadership role....... The foundation shall exist as a
not-for-profit corporation with a public purpose, and the exercise by
the foundation of the powers conferred by this chapter shall be
deemed and held to be an
essential governmental function.
(emphasis
mine)
983
§961.
Finance Authority of Maine Act
Purpose
is a catch all
for
centrally managing all socio-economic and environmental concerns
while working in conjunction with other state corporations which also
serve central management purposes - but -the function of F.A.M.E is
purely monetary - redistribution of wealth.
The
authority will serve a public purpose and perform an essential
governmental function in the exercise of the powers and duties
conferred upon it by this chapter. Any
benefits accruing to private individuals or associations, as a result
of the activities of the authority, are deemed by the Legislature to
be incidental to the public purposes to be achieved by the
implementation of this chapter.
[1985,
c. 344, §5
(AMD).]
(emphasis
mine)
Comment
Redistribution
of wealth is an "essential government function'? Since when?
What form of government?
§964.
Organization and responsibility
The
Finance Authority of Maine is established as a
body corporate and politic and a public instrumentality of the State,
and the exercise by the authority of the powers conferred by this
chapter shall be deemed and held to be the performance of essential
governmental functions.
(emphasis
mine)
§969-A.
Powers and duties of the authority:
Receive
and accept from any source allocations, appropriations, loans, grants
and contributions of money or other things of value to be held, used
or applied to carry out this chapter, subject to the conditions upon
which the loans, grants and contributions may be made, including, but
not limited to, appropriations, allocations, loans, grants or gifts
from any federal agency or governmental subdivision or the State and
its agencies. (emphasis mine) (money
in politics- corruption risk factor)
Fifth
Plank Communist Manifesto: Centralization of credit in the hands of
the State
§973.
Conflicts of interest Notwithstanding
Title 5, section 18, subsection 1, paragraph B, each
member of the authority and each employee, contractor, agent or other
representative of the authority
is
deemed an "executive employee" solely for purposes of Title
5, section 18, and for no other purpose, except that the chief
executive officer in addition is deemed an "executive employee"
for purposes of Title 5, section 19. Title
17, section 3104 does not apply to any of those representatives.
[2001,
c. 417, §8
(AMD).]
(emphasis
mine)
Title
17, section 3104.
Conflicts
of interest; purchases by the State No trustee, superintendent,
treasurer or other person holding a place of trust in any state
office or public institution of the State shall be pecuniarily
interested directly or indirectly in any contracts made in behalf of
the State or of the institution in which he holds such place of
trust, and any contract made in violation hereof is void. This
section shall not apply to purchases of the State by the Governor
under authority of Title 1, section 814. [1975, c. 771, §164
(AMD).]See
Maine
State Constitution Article IV Part Third Section 14
"they
(Corporations) shall forever be subject to the general laws of the
State.
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