pem207/maine-bills huggingface dataset:
An Act To Ban Bear Hunting with Traps except To Protect the Public
Maine Legislature, Session 122, LD 1460
Committee: Inland Fisheries and Wildlife
Sponsors: PELLETIER-SIMPSON, CHURCHILL, EDER, HUTTON, STRIMLING
Amends: 12 MRSA §11251, 12 MRSA §11303, 12 MRSA §11351, 12 MRSA §12260, 12 MRSA §12260-A

Legislative Document 
No. 1460 
H.P.1022 
House of Representatives, March 23, 2005 
An Act To Ban Bear Hunting with Traps except To Protect the 
Public 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
'I1'/~m·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PELLETIER-SIMPSON of Auburn. 
Cosponsored by Representatives: CHURCHILL of Washburn, EDER of Portland, HUTTON of 
Bowdoinham, Senator STRIMLING of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §11251, sub-§I, 1[D, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
D. 
The commissioner may terminate the open season on bear 
as established in paragraphs A and B at any time in any part 
of the State if, in the commissioner's opinion, an immediate 
emergency 
action 
is 
necessary 
due 
to 
adverse 
weather 
conditions or severe hunting e~-~~appiR~ pressure. 
Sec. 2. 12 MRSA §11303, sub-§2, 1[B. as enacted by PL 2003, c. 
655, Pt. B, §160 and affected by §422, is repealed. 
Sec. 3. 12 MRSA §11351. sub-§I, as affected by PL 
2003, c. 
614, §9 and amended by c. 655, Pt. B, §162 and affected by §422, 
is further amended to read: 
1. 
Hunting bear after having killed one. 
A person may not 
hunt e~-~Fap bear after that person has killed or registered one 
during any open season. 
Sec. 4. 12 MRSA §12260, as affected by PL 2003, c. 614, §9 
and amended by c. 655, Pt. B, §§222 to 224 and affected by §422, 
is repealed. 
Sec. 5. 12 MRSA §12260-A is enacted to read: 
§12260-A. Trapping bear prohibited 
A 
person 
may 
not 
trap 
bear 
except 
with 
the 
written 
permission 
of 
the 
commissioner. 
The 
commissioner 
may 
give 
permission to trap bear pursuant to this section only to protect 
the public. 
A person who violates this section commits a Class E 
crime. 
SUMMARY 
This bill prohibits the trapping of bear except with the 
written permission of the Commissioner of Inland Fisheries and 
Wildlife to protect the public. 
Page l-LROI76(1)
An Act To Make Minor Substantive Changes
Maine Legislature, Session 122, LD 1462
Committee Amendment CA_A-SA_A_S232 (Senate)

SENATE 
AMENDMENT 
1024, L.D. 1462, Bill, 
to the Tax Laws" 
COMMITTEE 
AMENDMENT 
"A" to H. P. 
"An Act To Make Minor Substantive Changes 
Amend the amendment on page 3 in section 10 in subsection 4 
in the 5th, 6th and 7th lines from the end (page 3, lines 9 to 12 
in amendment) by striking out the following: 
"day of September 
of the preceding calendar year or, if that day falls on a weekenq 
or holiday, on the next succeeding business day" and inserting in 
its place the following: 
'business day of the calendar year' 
SUMMARY 
This amendment changes the timing of establishment of the 
rate of interest on delinquent municipal taxes by the Treasurer 
of State to be more consistent with current practice. 
SPONSORED BY: 
(Senator J. PER 
COUNTY: 
Penobscot 
Page l-LR0538(4) 
SENATE AMENDMENT
An Act To Amend the Laws Relating to Motorized Scooters, Motor-driven Cycles and Mopeds
Maine Legislature, Session 122, LD 1464
Senate Amendment SA_A_S441 (Senate)
Amends: 29-A MRSA §2063-B

SENATE AMENDMENT ·A· to H.P. 1027, L.D. 1464, Bill, "An Act 
To Amend the Laws Relating to Motorized Scooters, Motor-driven 
Cycles and Mopeds" 
Amend the bill by inserting after section 29 the following: 
. Sec. 30. 29-A MRSA §2063-B is enacted to read: 
§2063-B. 
Operation of motorized scooters on town ways 
A person may operate a motorized scooter on a town way, as 
described in Title 23, 
section 53, 
subsection 1. unless such 
operation is prohibited by a municipal ordinance.' 
Further amend the bill by relettering or renumbering any 
nonconsecutive 
Part 
letter 
or 
section 
number 
to 
read 
consecutively. 
This 
amendment 
scooter on a town way, 
municipal ordinance. 
SPONSORED BY: 
(Senator B. 
COUNTY: 
Oxford 
SENATE 
SUMMARY 
Page l-LR0595(7) 
to 
operate 
a 
motorized 
ation is prohibited by a 
AMENDMENT
An Act To Amend the Laws Relating to Motorized Scooters, Motor-driven Cycles and Mopeds
Maine Legislature, Session 122, LD 1464
Senate Amendment SA_A-SA_A_S460 (Senate)

SENATE AMENDMENT "A" to SENATE AMENDMENT "A" to H.P. 1027, 
L.D. 1464, Bill, "An Act To Amend the Laws Relating to Motorized 
Scooters, Motor-driven Cycles and Mopeds" 
Amend the amendment by inserting after section 30 the 
following: 
'Further amend the bill in section 33 in subsection 1 in 
paragraph C in the last line (page 9, line 10 in L.D.) by 
striking out the following: 
"test; and" and inserting in its 
place the following: 
'test; aBs' 
Further amend the bill in section 33 in subsection 1 in 
paragraph D in the first line (page 9, 
line 12 in L.D.) by 
striking out the following: 
"headgear." and inserting in its 
place the following: 
'headgearT: and' 
Further amend the bill in section 33 in subsection 1 by 
inserting after paragraph D the following: 
'E. 
An operator of a motorized scooter operating on a town 
way in accordance with section 2063-B.' , 
SUl\.fMARY 
This amendment requires that a person operating a motorized 
scooter on a town way we 
protective headgear. 
SPONSORED BY: 
(Senator B. 
COUNTY: 
Oxford 
Page l-LR0595(lO) 
SENATE AMENDMENT
Resolve, Regarding Legislative Review of Portions of Chapter 127: New Motor Vehicle Emission Standards, a Major Substantive Rule of the Bureau of Air Quality
Maine Legislature, Session 122, LD 1465
Committee: Natural Resources

Legislative Document 
No. 1465 
H.P.I028 
House of Representatives, March 24, 2005 
Resolve, Regarding Legislative Review of Portions of Chapter 127: 
New Motor Vehicle Emission Standards, a Major Substantive Rule 
of the Bureau of Air Quality 
(EMERGENCY) 
Reported by Representative KOFFMAN of Bar Harbor for the Department of 
Environmental Protection, Bureau of Air Quality pursuant to the Maine Revised Statutes, Title 
5, section 8072. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
'7J1~ 1I1.1T/u£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. 
Whereas, acts and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves of the 
days 
after 
Whereas, the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A requires legislative authorization before major 
substantive agency rules may be finally adopted by the' qgency; and 
Whereas, the above-named major substantive rule has been 
submitted to the Legislature for review; and 
Whereas, immediate enactment of this resolve is necessary to 
record the Legislature's position on final adoption of the rule; 
and 
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 
Sec. 1. Adoption. Resolved: That final adoption of portions of 
Chapter 
127: 
New 
Motor 
Vehicle 
Emission 
Standards, 
a 
provisionally adopted major substantive rule of the Department of 
Environmental Protection, Bureau of Air Quality that has been 
submitted to the Legislature for review pursuant to the Maine 
Revised Statutes, Title 5, 
chapter 375, 
subchapter 2-A, 
is 
authorized. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve provides for legislative review of portions of 
Chapter 127: 
New Motor Vehicle Emission Standards, 
a major 
substantive rule of the Department of Environmental Protection, 
Bureau of Air Quality. 
Page l-LR2290(1)
An Act To Limit the Hours of Operation at Certain Gambling Establishments
Maine Legislature, Session 122, LD 1467
Committee: Legal and Veterans Affairs
Sponsors: CUMMINGS, ADAMS, BARSTOW, BRAUTIGAM, FARRINGTON

Legislative Document 
No. 1467 
H.P.1030 
House of Representatives, March 24, 2005 
An Act To Limit the Hours of Operation at Certain Gambling 
Establishments 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative CUMMINGS of Portland. 
77/~ 
/J7.17/ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: ADAMS of Portland, BARSTOW of Gorham, 
BRAUTIGAM of Falmouth, FARRINGTON of Gorham. 
Printed on recyr.: led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRS A §1037 is enacted to read: 
§l037. 
Hours of operation 
A facility that operates slot machines must cease operations 
no later than 1:00 a.m. each day and may resume operations no 
earlier than 6:00 a.m. each day. 
SUMMARY 
This bill limits the daily hours of operation of a facility 
that operates slot machines 
to 
6:00 
a.m. 
to 
1:00 
a.m. 
the 
following day.
An Act To Protect the Public from Secondhand Smoke
Maine Legislature, Session 122, LD 1468
Committee: Health and Human Services
Sponsors: THOMPSON

Legislative Document 
No. 1468 
H.P.1031 
House of Representatives, March 24, 2005 
An Act To Protect the Public from Secondhand Smoke 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative THOMPSON of China. 
Printed on recycled paper 
If/~ 
frJ.1l/dC~ 
MILLICE~rr M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §§1580-E and 1580-F are enacted to read: 
SIS80-E. 
Health care facility 
1. 
Prohibition. 
A person may not smoke within 20 feet of 
the entrance or the exit of a health care facility. 
For the 
purposes of this section, "health care facility" has the same 
meaning as in section 8702, subsection 4. 
2. 
Penalty. 
A person who violates subsection 1 commits a 
civil violation for which a fine of not more than $100 may be 
adjudged for a first offense and a fine of not more than $200 may 
be adjudged for a 2nd or subseguent offense. 
SIS80-F. 
Smoking in vehicles 
l. 
Prghibition. 
A 
perQQn 
may 
nQt 
QmQke 
in 
a 
private 
vehi!;;le 
gnd may not allow gny Qther persQn to 
smoke in the 
priVgte vehicle when 
i:;l, 
perQQn ynger 18 ye i:;l,I: Iii 
Qf gge is in the 
private vehicle. 
2. 
Penalty. 
A persQn who viQlates Qection 1 
commits 
a 
civil yiQlgtiQn for which a fine Qf nQt mQre than $100 mgy be 
adjudgeg for a first offense and 9 fine of not mQre than $200 may 
be adjudged for a 2nd or subseguent offenliie. 
SUMMARY 
This bill prohibits smoking within 20 feet of the entrance 
or exit of 
a 
health care facility. 
The bill also prohibits 
smoking in a private vehicle when a child under 18 years of age 
is in the vehicle. 
Page l-LRI683(1)
An Act To Amend the Law Governing Spill Prevention Control and Countermeasure Regulation of Oil Storage Facilities
Maine Legislature, Session 122, LD 1466
Committee: Natural Resources
Amends: 38 MRSA §570-K

Legislative Document 
No. 1466 
H.P.1029 
House of Representatives, March 24, 2005 
An Act To Amend the Law Governing Spill Prevention Control and 
Countermeasure Regulation of Oil Storage Facilities 
Reported by Representative KOFFMAN of Bar Harbor for the Joint Standing Committee 
on Natural Resources pursuant to Public Law 2001, chapter 605, section 5. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
'77/~ 1J7. 71!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §570-K. sub-§5, as amended by PL 2003, c. 245, 
§19, is further amended to read: 
5. 
Spill 
prevention 
and 
control. 
An 
aboveground 
oil 
storage facility used in the marketing and distribution of oil to 
others 
must 
be 
operated 
in 
compliance 
with 
the 
federal 
requirements 
for 
the preparation and 
implementation of spill 
prevention control and countermeasure plans under 
Code of 
Federal Regulations, 112 in effect on April 17, 2003. 
Failure to 
comply with those federal requirements in accordance with the 
deadlines 
set 
by 
the 
United States 
Environmental 
Protection 
Agency constitutes a violation of this Title. 
If the department 
believes that a facility' s plan does not satisfy those federal 
requirements, the department shall request an opinion from the 
Uni ted States Environmental Protection Agency as to the legal 
adequacy of the plan and any amendment necessary to bring the 
facili ty into compliance with those federal requirements. 
The 
department shall prepare educational and technical materials for 
use by facilities affected by this subsection. 
*Ris-6~B6ee~iea-i6 
~epea±eg-Qe~eBe~-*T-~QQeT 
SUMMARY 
This bill eliminates 
the 
repeal 
date 
in the 
law 
that 
authorizes the Department of Environmental Protection to enforce 
federal 
spill prevention 
and 
control 
regulations 
at certain 
aboveground oil storage facilities.
An Act To Amend the Law Governing Spill Prevention Control and Countermeasure Regulation of Oil Storage Facilities ,
Maine Legislature, Session 122, LD 1466
Committee Amendment CA_A_H316 (House)

AMENDMENT ,A" to H.P. 1029, L.D. 1466, Bill, 
the Law Governing Spill Prevention Control 
Regulation.of Oil Storage Facilities" 
"An 
and 
Amend 
the bill 
in 
section 
in 
subsection 
in 
the 
next-to-the-1ast line (page 1, line 21 in L.D.) 
by inserting 
after 
the 
following: 
"affected 
by 
this 
subsection." 
the 
following: 
'The commissioner shall report to the joint standing 
committee of the Legislature having 
jurisdict~on over natural 
resources matters by January 15, 2006 and on that date every 2 
years thereafter on activities undertaken by the department under 
this subsection.' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec. 2. Report. 
The January 15, 2006 report required under 
the Maine Revised Statutes, Title 38, section 570-K, subsection 5 
must 
include 
an evaluation of 
and 
recommendations 
regarding 
financial consequences for noncompliance with Title 38, section 
570-K, 
subsection 
5, 
including, 
but 
not 
limited to, 
higher 
deductible requirements.' 
SUMMARY 
This amendment requires the Commissioner of Environmental 
Protection to biennially report to the joint standing committee 
of the Legislature having jurisdiction over natural resources 
matters on the activities undertaken by the deF~rtment regarding 
oil storage facility spill prevention control. 
The 
amendment 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ~ .. to H.P. 1029, L.D. 1466 
also requires the first report, due January 15, 2006, to include 
an 
evaluation 
and 
recommendations 
regarding 
financial 
consequences 
for 
noncompliance with the laws 
regarding spill 
prevention control. 
FISCAL :\OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/06/05 ,frac:. 
LD 1466 
LR2284(02) 
An Act To Amend the Law Governing Spill Prevention Control and Countermeasure Regulation of 
Oil Storage Facilities 
, 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
LR2284(2) - Fiscal Note - Page 1 of 1
An Act To Update the Membership of Certain Professional Licensing Boards
Maine Legislature, Session 122, LD 1471
Committee Amendment CA_A_H356 (House)

COMMITTEE AMENDMENT "A" to H.P. 1034, L.D. 1471, Bill, "An 
Act To Update the Membership of Certain Professional Licensing 
Boards" 
Amend the bill by incorporating the attached fiscal note. 
SUMMARY 
This amendment incorporates a fiscal note. 
Page I-LR2135(2) 
COMMITTEE AMENDMENT 
Approved: 05/10105 ~ae. 
LD 1471 
LR2135(02) 
An Act To Update the Membership of Certain Professional Licensing Boards 
Fiscal Note for Bill as Amended by Committee Amendment ,~, 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - Other Special Revenue Funds 
Fiscal Detail and Notes 
Reducing the membership of the Board of Barbering and Cosmetology within the Office of Licensing and 
Registration, Department of Professional and Financial Regulation will result in savings of approximately $1,200 to 
$1,500 annually. 
LR2135(2) - Fiscal Note - Page 1 of 1
An Act To Provide an Annual Cost-of-Iiving Adjustment for Persons Receiving Workers Compensation Benefits for Total Incapacity Fiscal Detail and Notes
Maine Legislature, Session 122, LD 1476
Committee Amendment CA_A_S176 (Senate)

COMMITTEE AMENDMENT ,A" to S.P. 501, L.D. 1476, Bill, "An 
Act To Provide an Annual Cost-of-living Adjustment for Persons 
Receiving Workers' Compensation Benefits for Total Incapacity" 
Amend the bill in section 1 in subsection 1 in the first 
blocked paragraph in the first line (page 1, line 13 in L.D.) by 
striking out the following: 
"The" and inserting in its place the 
following: 
'For an injury that occurs after September 30, 2005, 
the' 
SUMMARY 
This amendment applies the cost-of-living adjustment only to 
those injuries that occur after September 30, 2005. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05106/05 ~ae 
LD 1476 
LR0901(02) 
An Act To Provide an Annual Cost-of-Iiving Adjustment for Persons Receiving Workers' 
Compensation Benefits for Total Incapacity 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment A-' 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium cost increase - All Funds 
This legislation will increase costs to the State, as an employer, to provide an annual adjustment to the benefits paid to 
those injured employees whose incapacity for work resulting from the injury is total. The amount can not be 
determined at this time. However, estimates provided by the Division of Employee Health and Benefits indicate the 
costs may range between $35,000 and $210,000. The actual cost to the State will depend on the number of injured 
employees whose incapacity for work from the injury is total. 
r 
i 
LR0901(2) - Fiscal Note - Page 1 of 1
An Act To Provide an Annual Cost-of-Iiving Adjustment for Persons Receiving Workers' Compensation Benefits for Total Incapacity
Maine Legislature, Session 122, LD 1476
Committee: Labor
Sponsors: NUTTING, PINEAU, COWGER, STRIMLING, GERZOFSKY, HUTTON, PATRICK, SMITH
Amends: 39-A MRSA §212

Legislative Document 
No. 1476 
S.P. 501 
In Senate, March 24, 2005 
An Act To Provide an Annual Cost-of-Iiving Adjustment for Persons 
Receiving Workers' Compensation Benefits for Total Incapacity 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator NUTTING of Androscoggin. 
Cosponsored by Representative PINEAU of Jay and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: COWGER of Kennebec, STRIMLING of Cumberland, Representatives: 
GERZOFSKY of Brunswick, HUTTON of Bowdoinham, PATRICK of Rumford, SMITH of 
Van Buren. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §212. sub-§l. as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to II, is amended to read: 
1. 
Total 
incapacity. 
While 
the 
incapacity 
for 
work 
resulting from the injury is total, the employer shall pay the 
injured employee 
a 
weekly 
compensation 
equal 
to 
80% 
of 
the 
employee's after-tax average weekly wage, but not more than the 
maximum benefit under section 211. 
Compensation must be paid for 
the duration of the incapacity. 
The compensation must be adjusted annually so that it continues 
to bear the same percentage relationship to the state average 
weekly wage, 
as 
computed by the Maine 
Unemployment 
Insuranc~ 
Commission, 
as the compensation compared to the state average 
weekly wage at the time of the injury. 
Any employee who is able to perform full-time remunerative work 
in the ordinary competitive labor market in the State, regardless 
of the availability of such work in and around that employee's 
community, is not eligible for compensation under this section, 
but may be eligible for compensation under section 213. 
SUMMARY 
This bill requires 
an annual 
adjustment to benefits 
for 
those receiving workers' compensation because of total incapacity.
Resolve, Preventing the Upstream Migration of Exotic Species past the Fish River Falls and into the Fish River Watershed
Maine Legislature, Session 122, LD 1477
Committee Amendment CA_A_S169 (Senate)

122ND LEGISLATURE -
COMMITTEE AMENDMENT ,A" to S.P. 502, L.D. 1477, "Resolve, 
Preventing the Upstream Migration of Exotic Species past the Fish 
River Falls and into the Fish River Watershed" 
Amend the resolve in the 3rd line (page 1, line 3 in L.D.) 
by striking out the following: 
"adopt rules to implement 
a 
program" and inserting in its place the following: 
• implement a 
program as -funding from sources other than the General 
Fund 
become available' 
SUMMARY 
This amendment adds language to the bill that directs the 
Commissioner of Inland Fisheries and Wildlife to implement the 
program only when funding is available from sources other than 
the General Fund. 
FISCAL NOTE REQGlRED 
(See attached) 
Page l-LR2251(2) 
COMMITTEE AMENDMENT 
• 
Approved: 05/05/05 ~ae 
LD 1477 
LR 2251(02) 
Resolve, Preventing the Upstream Migration of Exotic Species past the Fish River Falls and into the 
Fish River Watershed 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,A, 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Other Special Revenue Funds 
Requiring the Commissioner of Inland Fisheries and Wildlife to implement a certain program pertaining to upstream 
migration of exotic species as funding from sources other than the General Fund becomes available will result in an 
eventual one-time estimated cost of $500,000. The date of expenditure and the source of funds will depend on the 
future success of the department in soliciting the necessary funds and can not be determined at this time. 
LR2251(2) - Fiscal Note - Page 1 of 1
Resolve, Preventing the Upstream Migration of Exotic Species past the Fish River Falls and into the Fish River Watershed (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1477
Committee: Inland Fisheries and Wildlife
Sponsors: MARTIN, JACKSON, BRYANT, CLUKEY, FISCHER, PARADIS

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
122nd MAINE LEGISI.JATURE 
Legislative Document 
No. 1477 
S.P.502 
In Senate, March 24, 2005 
Resolve, Preventing the Upstream Migration of Exotic Species past 
the Fish River Falls and into the Fish River Watershed 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator MARTIN of Aroostook. 
Cosponsored by Representative JACKSON of Fort Kent and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRYANT of Oxford, CLUKEY of Aroostook, Representatives: FISCHER of 
Presque Isle, PARADIS of Frenchville, SMITH ofYan Buren. 
Printed on recycled paper 
Sec. 1. Commissioner of Inland Fisheries and Wildlife to implement 
program. Resolved: 
That the Commissioner of Inland Fisheries and 
Wildlife shall adopt rules to implement a program to prevent the 
upstream migration of exotic species past the Fish River Falls 
and into the Fish River watershed in Aroostook County. 
Rules 
adopted pursuant to this resolve are major substantive rules 
pursuant to the Maine Revised Statutes, Title 5, 
chapter 375, 
subchapter 2-A. 
SUMMARY 
This resolve directs the Commissioner of Inland 
and Wildlife 
to 
implement 
a 
program to prevent the 
migration of exotic species past the Fish River Falls 
the Fish River watershed in Aroostook County. 
Page l-LR2251(1} 
Fisheries 
upstream 
and into
An Act To Clarify Rights of Retainage in Public Improvement Construction Contracts
Maine Legislature, Session 122, LD 1478
Committee Amendment CA_A_S300 (Senate)

COMMITTEE AMENDMENT 
to S.P. 503, L.D. 1478, Bill, "An 
Act 
To 
Clarify 
Rights 
of 
Retainage 
in 
Public 
Improvement 
Construction Contracts" 
Amend the bill by inserting at the end before the summary 
the following: 
, Sec. 
4. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
TREASURER OF STATE, OFFICE OF 
Administration - Treasury 
0022 
The 
following 
Initiative: 
Provides funds for an additional staff position and 
required software to assist in managing retainage. 
GENERAL FUND 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2005-06 
1.000 
$28,275 
$20,000 
$48,275 
2006-07 
1.000 
$37,700 
$0 
$37,700' 
This amendment is the minority report of the committee and 
adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
Page l-LR1155(2) 
COMMITTEE AMENDMENT 
Approved: 05/27/05 ~ae 
LD 1478 
LR 1155(02) 
An Act To Clarify Rights of Retainage in Public Improvement Construction Contracts 
Fiscal Note for Bill as Amended by Committee Amendment 'A' 
Committee: State and Local Government 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
$48,275 
$48,275 
2006-07 
$37,700 
$37,700 
Projections 
2007-08 
$38,831 
$38,831 
Projections 
2008-09 
$39,996 
$39,996 
This legislation will require a General Fund appropriation to the Treasurer of State in the amount of $48,275 in fiscal 
year 2005-06 and $37,700 in fiscal year 2006-07. This appropriation will provide funds for an additional staff 
position and required software to assist in managing retainage as prescribed by the bill. 
/, 
. 
" 
... ~ , 
LRl155(2) - Fiscal Note - Page 1 'On .
An Act Regarding Licensing Boards
Maine Legislature, Session 122, LD 1480
Committee Amendment CA_A_S208 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 505, L.D. 1480, Bill, "An 
Act Regarding Licensing Boards" 
Amend the bill by incorporating the attached fiscal note. 
SUMMARY 
This amendment incorporates a fiscal note. 
Page l-LR2134(2) 
COMMITTEE AMENDMENT 
Approved: 05116/05 ~ae,. , 
LD 1480 
LR2134(02) 
An Act Regarding Licensing Boards 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Increasing the statutory fee caps for certain Boards within the Office of Licensing and Registration, Department of 
Professional and Financial Regulation, may increase the amount of revenue collected by the boards through fees. The 
amount can not be determined at this time. 
LR21
i
34(2) - Fiscal Note - Page 1 of 1
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_A_S242 (Senate)
Amends: 30-A MRSA §3002-A

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
;:;-.;: 2 
L.D. 1481 
DATE: 5· ~4·05 
(Filing No. S~~~ 
STATE AND LOCAL GOVERNMENT 
Reported by: 
REPORT 'A' 
Reproduced and distributed under the direction of the Secretary 
of the Senate. 
SENATE 
t22ND LEGISLATURE 
COMMITTEE AMENDMENT "A'to S.P. 507, L.D. 1481, Bill, "An 
Act To 
Amend the Laws Governing the Enactment Procedures for 
Ordinances" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
fallowing: 
·Sec.t. 30-A MRSA §3002-A is enacted to read: 
§3002-A. 
Procedures for enactment and amendment of local 
ordinances by direct initiative 
1. 
Scope. 
In accordance with the Constitution of Maine, 
~~icle IV, Part Third, Section 21, the procedures established i~ 
this section must be followed by a municipality that cbooses to 
establish 
a 
direct 
initiative 
procedure« 
except 
that 
any 
municipal charter that establishes 
a 
procedure 
for 
a 
direct 
initiative must 
continue 
to provide that procedure for that 
municipality until the procedure is changed by amendment of that 
chartJrr.... 
2. 
Procedure for ordiDances and amendments to ordinances 
enacted py 
direct initiative. 
The 
registered 
voters 
of 
a 
municipality may propose any new ordinance or bylaw or amendment 
to any existing ordinance or bylaw by written petition pursuant 
to 
sections 
2522 
and 
2528 
or 
the 
municipal 
charter. 
The 
municipal 
clerk 
shall 
certify that 
the 
required 
number 
of 
signatures 
were 
obtained 
from 
registered 
voters 
in 
the 
municipality. 
All ordinances or amendments enacted by direct 
initiative: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A, to S.P. 507, L.D. 1481 
A. 
Must become effective, 
upon 
a majority vote of the 
voters, 
on the date the vote was taken or as otherwise 
provided by state law or municipal charter; and 
B. 
May not apply to structures and uses of structures in 
construction 
or 
proposed 
for 
construction 
for 
which 
a 
municipal 
building 
permit. 
zoning 
permit. 
subdivision 
approval, site plan approval or any other municipal land use 
approval was received prior to the date that the municipal 
clerk certifies that the direct initiative petition meets 
the applicable filing relluirements, including the relluisite 
number of registered municipal voters' signatures.' 
SUMMARY 
This 
amendment 
replaces 
the 
report. 
It establishes procedures 
ordinances 
and ordinance 
amendments 
prohibi ts the application of a 
new 
direct initiative to construction or 
or approvals have been granted. 
bill 
and 
is 
the 
majority 
for the enactment of local 
by direct initiative and 
local ordinance enacted by 
projects for which permits 
COMMITTEE, AMENDMENT
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_B_S243 (Senate)
Amends: 30-A MRSA §3002-A

COMMITTEE AMENDMENT 
Act To 
Amend the Laws 
Ordinances" 
,E to S.P. 
Governing the 
507, L.D. 1481, Bill, 
Enactment Procedures 
"An 
for 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
I Sec. 1. 30-A MRSA §3002-A is enacted to read: 
§3002-A. 
Procedures for enactment and amendment of local 
ordinances by direct initiative 
1. 
Scope. 
In accordance with the Constitution of Maine, 
Article IV. Part Third, Section 21, the procedures established ~n 
this section must be f9llowed by A municipality thAt chooses t.Q 
establish 
a 
direct 
initiative 
procedure, 
except 
that 
any 
municipal charter that establishes 
a 
procedure 
for 
a 
direct 
initiative must 
continue to provide that procedure 
for that 
municipality until the procedure is changed by amendment of that 
charter. 
2. 
Procedure for ordinances and amendments to ordinances 
enacted br direct initiative. 
The 
registered 
voters 
of 
a 
municipality may propose Any new ordinAnce or bylAw or amendment 
to any existing ordinance or bylaw by written petition pursuant 
to 
sections 
2522 
and 
2528 
or 
the 
municipal 
charter. 
The 
municipal 
clerk 
shall 
certify that 
the 
required 
number 
of 
signatures 
were 
obtained 
from 
registered 
voters 
in 
the 
municipality. 
All ordinances or amendments enacted by direct 
initiative: 
Page l-LR1981(3) 
COMMITTEE·. \AMENDMENT 
COMMITTEE AMENDMENT "B to S.P. 507, L.D. 1481 
A. 
Must become effective, 
upon 
a majority vote of the 
voters, 
on the date the vote was taken or as otherwise 
provided by state law or municipal charter; and 
B. 
May not apply to structures and uses of structures in 
construction or proposed for construction for which a final 
municipal 
building 
permit, 
zoning 
permit, 
subdivision 
~pproval, site plan approval or any other municipal land use 
~pproval w~s received prior to the date that the municipal 
clerk certifies that the direct initiative petition meets 
the applicable filing reguirements, including the reguisite 
number of registered municipal voters' signatures. 
For the 
purposes of this paragraph, a permit or approval is final if 
all municipal approvals have been received and all appeals 
at the municipal level have been decided. ' 
SUMMARY 
This 
amendment 
replaces 
the bill 
and 
is 
the 
report. 
It establishes procedures for the enactment 
minority 
of local 
ordinances 
and ordinance 
amendments 
by 
prohibits 
the 
application 
of 
a 
new 
construction projects for which a permit 
has been granted and finally decided. 
direct initiative and 
local 
ordinance 
to 
or municipal approval 
COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_B_H971 (House)

HOUSE AMENDMENT .. 6 .. to COMMITTEE AMENDMENT "c" to S.P. 507, 
L.D. 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Governing 
the 
Enactment Procedures for Ordinances" 
Amend the amendment in section 1 
by striking out all of 
subsection 6 and inserting in its place the following: 
'6. 
Restriction 
on 
nullification of 
final 
permit. 
A 
municipality may not nullify or amend a municipal land use permit 
by 
a 
subsequent 
enactment, 
amendment 
or 
repeal 
of 
a 
local 
ordinance unless, within 60 days after lawful final approval of 
the permit, public notice is posted of the meeting at which: 
A. 
The municipal officers will consider the question of 
sending 
the 
proposed 
change 
to 
the 
ordinance 
to 
the 
municipality's legislative body: or 
B. 
The proposed action on the ordinance will be considered 
by the municipality's legislative body for enactment.' 
SUMMARY 
This amendment prohibits a municipality from nullifying or 
amending a land use permit through a change in a local ordinance 
HOUSE AMENDMENT 
HOUSE AMENDMENT "/3,, to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
unless, within 60 days after approval of the permit, notice is 
posted of the meeting at which the municipal officers will 
consider 
sending 
the 
proposed 
ordinance 
change 
to 
the 
municipality's legislative body or the meeting at which 
the 
proposed change will be considered for enactment. 
SPONSORED BY: 
(Representati 
TOWN: 
Appleton 
HOUSE AMENDMENT
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_A_H874 (House)

HOUSE AMENDMENT .. /I.. to COMMITTEE AMENDMENT 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Enactment Procedures for Ordinances" 
"c" to S.P. 
Governing 
507, 
the 
Amend 
the 
amendment 
by 
inserting 
after 
the 
title 
the 
following: 
'Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation needs to take effect before the 
expiration of the gO-day period in order to provide protection 
for holders of municipal land use permits as soon as possible; and 
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,' , 
Further amend the amendment in the first paragraph after the 
title by striking out the following: 
"Amend" and inserting in 
its place the following: 
'Further amend' 
Page l-LR1981(8) 
HOUSE AMENDMENT 
".~fO. 
HOUSE AMENDMENT "11,, to COMMITTEE AMENDMENT "C" to S. P. 507, L. D. 
1481 
f1 
Further amend the amendment by inserting after section I the 
fOllowing: 
'Further amend the bill by inserting after section 1 the 
following: 
'Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' , 
SUMMARY 
This 
amendment 
adds 
an emergency preamble 
and 
emergency 
clause to the bill. 
SPONSORED BY: 
{Representative KAELIN) 
TOWN: 
Winterport 
HOUSE 
AMENDMENT
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_E_H1020 (House)

HOUSE AMENDMENT .. c. to COMMITTEE AMENDMENT "c" to S.P. 507, 
L.D. 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Governing 
the 
Enactment Procedures for Ordinances" 
Amend the amendment in section 1 by striking out all of 
subsection 6 (page 1, lines 29 to 36 in amendment) and inserting 
in its place the following: 
'6. 
Restriction 
on 
nullification of 
final 
permit. 
A 
municipality may not nullify or amend a municipal land use permit 
by 
a 
subsequent 
enactment, 
amendment 
or 
repeal 
of 
a 
local 
ordinance after a period of 75 days has passed after: 
A. 
The permit has received its lawful final approval; and 
B. 
If required, a public hearing was held on the permit. 
For the purposes of this subsection, "municipal land use permit" 
includes a municipal building permit, zoning permit, subdivision 
approval and site plan approval. 
This subsection does not alter 
or 
invalidate 
any 
provision 
of 
a 
municipal 
ordinance 
that 
provides for the expiration or lapse of a permit or approval 
granted pursuant to that permit following the expiration of a 
certain period of time. 
This subsection dQes not apply to single-use retail uses that 
exceed 150,000 square feet.' 
Page l-LRI981(24) 
HOUSE AMENDMENT 
HOUSE AMENDMENT "G to COMMITTEE AMENDMENT "c" to S.P. 507, L.D. 
1481 
SUMMARY 
This 
amendment 
incorporates 
Senate 
Amendment 
Committee 
Amendment 
"c" 
and 
adds 
an 
exception 
single-use retail uses that exceed 150,000 square feet. 
"C" 
to 
regarding 
TOWN: 
Gorham 
HOUSE AMENDMENT
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_D_H1019 (House)

HOUSE AMENDMENT ,:y" to COMMITTEE AMENDMENT "C" to S.P. 507, 
L.D. 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Governing 
the 
Enactment Procedures for Ordinances" 
Amend the amendment in section 1 by striking out all of 
subsection 6 (page 1, lines 29 to 36 in amendment) and inserting 
in its place the following: 
'6. 
Restriction 
on nullification of final 
permit. 
A 
mynicipality may n9t nyllify or amend a municipal land use permit 
by 
a 
subseguent 
enactment, 
amendment 
or 
repeal 
of 
a 
local 
ordinance after a period of 100 days has passed after: 
A. 
The permit has received its lawful final approval; and 
B. 
If reguired, a public hearing was held on the permit. 
For the purposes of this subsection, "municipal land use permit II 
includes a municipal building permit, zoning permit, subdivision 
approval and site plan approval. 
This subsection does not alter 
or 
invalidate 
any 
provision 
of 
a 
municipal 
ordinance 
that 
provides for the expiration or lapse of a permit or approval 
granted pyrsuant to that permit following the expiration of a 
certain period of time.' 
SUMMARY 
This 
amendment 
extends 
the 
period 
within 
which 
a 
municipality may nullify or amend a land use permit to 100 days 
Page l-LR1981(26) 
HOUSE AMENDMENT 
HOUSE AMENDMENT -J)- to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
and specifies that it extends from the date a public hearing, if 
required, was held on the permit. 
This amendment also specifies 
that these requirements do not affect any municipal ordinance 
that provides for a lapse of the permit or authority granted 
pursuant to the permit after a certain period of time. 
SPONSORED BY, tX /~~ 
(Representative BARSTOW) 
TOWN: 
Gorham 
HOUSE AMENDMENT
An Act To Amend the Laws Governing the Enactment Procedures for Ordinances Referendum Costs
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_G_H1032 (House)

HOUSE AMENDMENT "G" to COMMITTEE AMENDMENT "e" to S.P. 507, 
L.D. 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Governing 
the 
Enactment Procedures for Ordinances" 
Amend 
the 
amendment 
by 
inserting after 
section 
the 
following: 
'Sec. 2. Statutory referendum procedure; submission at general 
election; form of question; effective date. 
This Act must be submitted 
to the legal voters 6f the State at the next general election in 
the 
month of 
November 
following 
passage 
of 
this 
Act. 
The 
municipal officers of this State shall notify the inhabitants of 
their respective cities, towns and plantations to meet, in the 
manner prescribed by law for holding a statewide election, to 
vote on the acceptance or rejection of this Act by voting on the 
following question: 
"Do you favor limiting the ability of a municipality to 
nullify or amend a municipal land use permit?"" 
The legal voters of each city, town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within a corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as· 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the Act, the Governor shall proclaim that 
fact without delay, and the Act takes effect 30 days after the 
date of the proclamation. 
Page l-LR1981(28) 
HOUSE AMENDMENT 
.. 
fiC-
... 
HOUSE AMENDMENT .. c-.. to COMMITTEE AMENDMENT "c" to S.P. 507, L.D . 
1481 
The Secretary of State shall prepare and furnish to each 
city, town and plantation all ballots, returns and copies of this 
Act ne~essary to carry out the purposes of this referendum.' 
SUMMARY 
This amendment requires that the legislation be submitted to 
the voters at a referendum at the general election in November. 
SPONSORED BY: .i)~ ~A Ifv-.---
(Representative HUTTON 
TOWN: 
Bowdoinham 
HOUSE 
FISCAL NOTE R£<JURED 
(See attached) 
AMENDMENT 
Approved: 04/13/06 wac 
LD 1481 
LR 1981(28) 
An Act To Amend the Laws Governing the Enactment Procedures for Ordinances 
Referendum Costs 
Fiscal Note for House Amendment "G" to Committee Amendment "l> 
Sponsor: Rep. Hutton 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
MonthlY ear 
Election Type 
Question 
Nov-06 
General 
Referendum 
Length 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions increases the ballot length, an additional 
appropriation of $8,000 or more may be required. 
LR1981(28)-FiscalNote-Page 1 ofl
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_I_H1051 (House)

HOUSE AMENDMENT 'f' to COMMITTEE AMENDMENT "c" to S. P. 507, 
L.D. 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Governing 
the 
Enactment Procedures for Ordinances" 
Amend the amendment in section 1 by striking out all of 
subsection 6 (page 1, lines 29 to 36 in amendment) and inserting 
in its place the following: 
'6. 
Restriction on nullification of 
final 
permit. 
A 
municipality may not nullify or amend a municipal land use permit 
by 
a 
subse~uent enactment, 
amendment 
or 
repeal 
of 
a 
local 
ordinance except as provided in this subsection. 
A. 
The municipality must take action on the enactment, 
amendment or repeal of the local ordinance prior to the 
passage of a period of 75 days after: 
(1) 
The permit has received its lawful final approval; 
and 
(2) 
A public hearing was held on the permit. 
B. 
Notwithstanding paragraph A, if the proposed change to 
the ordinance is the result of a citizen-initiated petition, 
the re~uirements of this paragraph apply. 
(1) 
The initiators must file the 
~uestion with the 
municipality prior to the passage of 30 days after the 
permit has received its lawful final approval. 
(2) 
The municipality shall allow the petition to be 
circulated by any registered voter. 
Page l-LR1981(31) 
HOUSE AMENDMENT 
/" 
HOUSE AMENDMENT 'y to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
(3) 
Within 75 days of approval of the question by the 
municipality, the signed petition must be submitted to 
the municipality for certification of the signatures. 
For the purposes of this subsection, "municipal land use permit" 
includes a municipal building permit, zoning permit, subdivision 
approval and site plan approval. 
This subsection does not alter 
or 
invalidate 
any 
provision 
of 
a 
municipal 
ordinance 
that 
provides for the expiration or lapse of a permit or approval 
gLanted pursuant to that permit following the expiration of a 
certain period of time.' 
SUMMARY 
This 
amendment 
incorporates 
the 
provisions 
of 
Senate 
Amendment "C" to Committee Amendment "C", except this amendment 
also 
specifies 
the 
following 
procedures 
for 
a 
change 
by 
citizen-initiated petition to an ordinance that would nullify or 
amend a previously issued municipal land use permit. 
1. 
A petition to change an ordinance must be filed with the 
municipality within 30 days of the final approval of the permit. 
2. 
The municipality is required to allow any registered 
voter to circulate the petition. 
3. 
Following the certification of 
the question by 
the 
municipality, 
the 
petitioners 
have 
days 
to 
gather 
the 
requisite number of signatures and submit the signed petition to 
the municipality for certification of the signatures. 
SPONSORED BY, CL-.~' 
(Representative CUMMINGS) ----
J 
TOWN: 
Portland 
J 
HOUSE AMENDMENT
An Act To Amend the Laws Governing the Enactment Procedures for Ordinances
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_M_H1097 (House)

HOUSE AMENDMENT .. M .. to COMMITTEE AMENDMENT "C" to S.P. 507, 
L.D. 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Governing 
the 
Enactment Procedures for Ordinances" 
Amend the amendment in section 1 by striking out all of 
subsection 6 {page 1, lines 29 to 36 in amendment} and inserting 
in its place the following: 
'6. 
Restriction on nullification of final permit. 
A 
municipality 
may 
not 
nullify 
or 
amend 
by 
citizen-initiated 
procedures 
a 
municipal 
land 
use 
permit 
for 
a 
residential 
development of which at least 50% of the units meet the standards 
of affordable housing as defined by section 5002, subsection 2 
through the subsequent enactment, amendment or repeal of a local 
ordinance 
after 
the 
permit 
has 
received 
its 
lawful 
final 
approvaL 
a period of 180 days has passed and if required a 
pUblic hearing was held on the permit.' 
SUMMARY 
This 
amendment prevents 
a 
municipality, 
as 
a 
result of 
citizen-initiated procedures, 
from 
nUllifying 
or 
amending 
a 
municipal land use permit that has been issued for a residential 
development of which at least 50% of the units are affordable 
housing after the permit has received lawful final approval, a 
period of 180 days has passed and if required a public hearing 
was 
held 
on 
the 
permit. 
For 
purposes 
of 
this 
amendment, 
"affordable housing" means decent, safe and sanitary dwellings, 
Page l-LRI981{41} 
HOUSE AMENDMENT 
HOUSE AMENDMENT "11,, to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
apartments or other living accommodations 
for 
low-income 
and 
moderate-income households. 
Affordable housing includes, but is 
not 
limited 
to, 
government-assisted 
housing, 
housing 
for 
low-income 
and moderate-income families, 
manufactured housing, 
multifamily housing and group and foster care facilities. 
SPONSORED BY: 
(Representative ADAMS) 
TOWN: 
Portland 
HOUSE AMENDMENT 
Approved: OS/21/06 ~ae 
LD 1481 
LR 1981(41) 
An Act To Amend the Laws Governing the Enactment Procedures for Ordinances 
Fiscal Note for House Amendment ,M" to Committee Amendment ,,6 
Sponsor: Rep. Adams 
Fiscal Note Required: Yes 
Fiscal Note 
Still Potential State Mandate 
Fiscal Detail and Notes 
This amendment removes the traditional ordinance amendment procedures from the restriction on nullification of a 
municipal land use permit issued for certain residential development. This amendment keeps the restriction on citizen-
initiated ordinance change procedures and is still a potential state mandate. 
LRI981(41) - Fiscal Note - Page 1 of 1