An Act To Increase Access to Information Regarding Referendum Questions LR0820(02)
Maine Legislature, Session 121, LD 1251
Committee Amendment CA_A_H449 (House)
Amends: 1 MRSA §353

COMMITTEE AMENDMENT ,.ft., 
To 
Increase 
Access 
to 
to H.P. 925, L.D. 1251, Bill, "An 
Information 
Regarding 
Referendum 
Questions" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 1 MRSA §353, as amended by PL 1991, c. 837, Pte A, 
§1, is further amended to read: 
§353. Explanation of proposed amendments and statewide referenda 
With the assistance of the Secretary of State, the Attorney 
General shall prepare a brief explanatory statement.L which must 
fairly describe the intent and content ef and what a "yes" vote 
favors and a "no" vote opposes for each constitutional resolution 
or statewide referendum that may be presented to the people and 
which must include any information prepared by the Treasurer 
under Title 5, section 152. The explanatory statement may not 
include 
comments 
of 
proponents 
or 
opponents 
as 
provided 
by 
section 354. 
In addition to the explanatory statement, 
~Be 
See~e~a~y-~~-~~~-aRe--~-~~~~-geReEa±-~~~-~~~-aR 
eHp±aRa~ieR-~-~-a-ye6-~~~~~-aBQ-a-~~-eppeses the 
Office of Fiscal and Program Review shall prepare an estimate of 
the fiscal impact of each constitutional resolution or statewide 
referendum on state revenues, appropriations and allocations. The 
Secretary of State shall publish t:ais the explanatory statement 
Page l-LR0820(2) 
COMMITTEE AMENDMENT 
e.,. 
~ ... 
~c 
~. 
COMMITTEE AMENDMENT .. f1,. to H. P. 925, L.D. 1251 
and the fiscal estimate in each daily newspaper of the State, not 
more than 10 and not less than 7 days prior to the voting. 'rae 
eHpl,allat:G-l'-Y"-£-ta-teRleai: This information may be published in the 
English language in a foreign language newspaper. 
Sec. 2. 1 MRS A §354 is enacted to read: 
§354. 
Public cOmment on proposed amendments and statewide 
referenda: rules: fees 
The 
Secretary of State shall adopt rules 
regarding the 
publication of public comment by proponents and opponents of 
constitutional resolutions or statewide referenda. 
These rules 
must include, but are not limited to, a word limit, the labeling 
of public comment as supporting or opposing a measure and the 
identification of the person or persons 
responsible 
for 
the 
comment. 
Rules 
adopted pursuant to this section are major 
substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Beginning with 
the 
November 
2004 
election 
and 
every 
election thereafter, the Secretary of State shall publish the 
public comment, along with the explanatory statement and fiscal 
estimate reQuired under section 353, 
on a publicly accessible 
site 
on 
the 
Internet 
and 
in 
Pamphlets 
distributed 
to 
the 
municipalities of the State. 
A person filing a public comment 
for publication shall pay a fee of $500 to the Secretary of 
State. 
Fees collected pursuant to this section must be deposited 
in the Public Comment Publication Fund established under Title 5, 
section gO-C. 
Sec. 3. 5 MRS A §90-C is enacted to read: 
§90-C. 
Public COmment Publication Fund 
The Public Comment Publication Fund, referred to in this 
section as "the fund," is established as a nonlapsing fund within 
the Department of the Secretary of State. 
The fund consists of 
fees 
for 
public 
comment 
on 
constitutional 
resolutions 
and 
statewide referenda received by the Secretary of State pursuant 
to Title 1, section 354. 
The money in the fund must be used for 
the 
purpose 
of 
publishing 
the 
informational 
pamphlet 
that 
includf!s the public comment, 
explanatory statement and fiscal 
estimate pursuant to Title 1. section 354. 
The unobligated and 
unencurobf!rf!d balancf! of the fund in f!XCf!SS 
of $5,000 as of 
December 1st of each year must be transferred to the General Fund. 
Sec. 
4. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF THE 
The 
following 
COMMITTEE AMENDMENT 
it'?' 
~. 
COMMITTEE AMENDMENT "if, to H.P. 925, L.D. 1251 
Bureau of Administrative Services 
and Corporations 
0692 
Ini tiati ve: 
Provides initial allocations for the Public Comment 
Publication Fund. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
SUMMARY 
2003-04 
$500 
$500 
2004-05 
$500 
$500' 
This amendment replaces the bill. 
The amendment requires 
the Office of Fiscal and Program Review to prepare a fiscal 
estimate 
of 
each 
constitutional 
resolution 
or 
statewide 
referendum on state revenues, appropriations and allocations and 
to publish that estimate with the explanatory statement that is 
already required. 
The amendment requires the Secretary of State 
to adopt rules regarding the publication of public comment by 
proponents 
and 
opponents 
of 
constitutional 
resolutions 
or 
statewide referenda and establishes a 
fee of $500 for having 
public comments published. 
It also establishes a dedicated fund 
in the Department of the Secretary of State consisting of revenue 
from the $500 fees and requires that the fund be used for the 
purpose of publishing the informational pamphlet including the 
public comment, explanatory statement and fiscal estimate. 
The 
amendment specifies that any unspent balance in excess of $5,000 
as of December 1st each year must be transferred to the General 
Fund. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMIITEE AMENDMENT 
Approved: 05/16/03 ;t;?ae 
Office of Fiscal and Program Review 
LD 1251 
An Act To Increase Access to Information Regarding Referendum 
Questions 
LR0820(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Potential current biennium revenue increase - General Fund 
Undetermined current biennium cost increase - Other Special Revenue 
Undetermined current biennium revenue increase - Other Special Revenue 
2003-04 
2004-05 
Projections 
2005-06 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$500 
$500 
$500 
Project; 
200t. 
$500 
The requirement that the Secretary of State must provide additional information on the ballots for statewide 
referendum questions may increase General Fund costs; the amounts will depend on the number of questions that are 
to be voted on in any given election year and can not be determined at this time. 
This bill also includes a fee that must be paid by those persons who wish to have their public comments about a 
particular referendum published. These fees will increase Other Special Revenue funds revenues; the amounts will 
depend on the number of persons who wish to have their comments published and can not be determined at this time. 
The bill includes base Other Special Revenue funds allocations of $500 in each of fiscal years 2003-04 and 2004-05 
for the costs of publishing any public comments. Any unspent fees in excess of $5,000 will be transferred to the 
General Fund by December 1 st of each year. It is not known whether revenues will exceed expenditures by more than 
$5,000. 
LR0820(2) - Fiscal Note - Page 1 of 1