An Act to Amend the Laws Governing Municipal Citizen Initiatives and Referenda
Maine Legislature, Session 121, LD 0389
Committee: State and Local Government
Sponsors: SUSLOVIC, McLAUGHLIN, DAGGETT, BARSTOW, CLOUGH, COWGER, KOFFMAN, MILLS, STONE
Amends: 30-A MRSA §300

Legislative Document 
No. 389 
H.P.309 
House of Representatives, January 30, 2003 
An Act to Amend the Laws Governing Municipal Citizen Initiatives 
and Referenda 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative SUSLOVIC of Portland. 
/Yl~ 
1'h.1JItU~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative McLAUGHLIN of Cape Elizabeth, President DAGGETT of 
Kennebec and Representatives: BARSTOW of Gorham, CLOUGH of Scarborough, COWGER 
of Hallowell, KOFFMAN of Bar Harbor, MILLS of Cornville, STONE of Berwick. 
Printed on recycled paper 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, it has 
become 
increasingly 
common 
for 
citizen 
groups 
to 
circulate 
petitions 
for 
citizen 
initiatives 
and 
referenda proposing amendments to municipal ordinances or bylaws 
that, 
if 
enacted, 
would 
have 
the 
effect 
of 
retroactively 
invalidating, repealing, revoking or modifying building permits, 
land use approvals or other actions permitting development after 
these permits or approvals were issued or these actions have been 
taken; and 
Whereas, this retroactive effect creates uncertainty and 
discourages the development of commercial and industrial projects 
in this State; and 
Whereas, 
immediate 
enactment 
of 
necessary to eliminate the uncertainties 
this State; and 
this 
of 
legislation 
doing business 
is 
in 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 30-A MRSA §300t, sub-§5 is enacted to read: 
5. 
Limitation on ordinance power. 
A municipal ordinance or 
bylaw 
enacted 
by 
citizen initiative 
or 
referendum 
may 
not 
inyalidate, 
repeal, 
reyoke, 
modify 
or 
have 
the 
effect 
of 
invalidating, 
repealing, 
revoking 
or 
modifying 
any 
building 
permit, zoning permit, land use approvaL subdiyision approval, 
site plan approvaL rezoning, certification, variance or other 
action haying the effect of permitting deyelopment if that permit 
or approval was issued or that action was taken prior to the 
enactment of that ordinance or bylaw. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill prohibits municipal ordinances or bylaws enacted 
by citizen initiative or referendum from containing retroactivity 
provisions 
that 
have 
the 
effect of 
invalidating, 
repealing, 
revoking or modifying any building permit, land use approval or 
other action having the effect of permitting development if that 
permit or approval was issued or tha,t action was taken prior to 
enactment of the ordinance or bylaw.