An Act To Modify the Citizen Initiative Process
Maine Legislature, Session 123, LD 1522
Committee: Legal and Veterans Affairs
Sponsors: TURNER, FISCHER, MILLS, ROTUNDO, CAIN, GILES, MILLETT, ROBINSON
Amends: 21-A MRSA §901

Legislative Document 
No. 1522 
S.P.545 
March 20, 2007 
An Act To Modify the Citizen Initiative Process 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator TURNER of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative FISCHER of Presque Isle and Senators: MILLS of Somerset, 
ROTUNDO of Androscoggin, Representatives: CAIN of Orono, GILES of Belfast, MILLETT 
of Waterford, MILLS of Farmington, ROBINSON of Raymond. 
Printed (111 rccyl.: It:J ra~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §901, sub-§3-A, as amended by PL 1997, c. 581, §3, IS 
further amended to read: 
3-A. Review for proper form. The Secretary of State shall review the proposed law 
for a direct initiative of legislation within 10 business days after receipt of the application 
and either reject the application or provide a first revised draft of the initiative legislation 
to the applicant within that time. The Secretary of State may reject the application if the 
Secretary of State determines that the proposed law: 
A. 
Does not conform to the form prescribed by the Secretary of State; or 
lOB. Does not conform to the essential aspects of the drafting conventions established 
for the Maine Revised Statutes. The drafting conventions include but are not limited 
to: 
(1) 
Correct allocation to the statutes and correct integration with existing 
statutes; 
(2) Bill titles and statute section headnotes that objectively reflect the content of 
the bill, section or sections to which they apply; 
(3) Conformity to the statutory numbering system; and 
(4) Ensuring that bills enacting statutes do not contain provisions that describe 
intent or make testimonial statements without creating a legal requirement or 
duty. 
By consent of the applicant the proposed law may be modified to conform with the 
requirements of this section. The Secretary of State may request assistance from the 
Revisor of Statutes in reviewing the proposed law. 
The Secretary of State shall request assistance from the Office of Fiscal and Program 
Review in determining whether the proposed law will have a fiscal impact. The Office of 
Fiscal and Program Review shall prepare an estimate of the fiscal impact of the proposed 
law on state revenues, appropriations and allocations. The fiscal impact estimate must 
summarize the aggregate impact that the proposed law will have on the General Fund, the 
Highway Fund, Other Special Revenue Funds and the amounts distributed by the State to 
local units of government. If the Office of Fiscal and Program Review determines that 
the proposed law has a cost other than the cost associated with conducting a referendum 
on the proposed law, the applicant shall indicate in a subsequent draft of the legislation 
submitted to the Secretary of State how the cost of the proposed law will be funded. 
The applicant shall submit each subsequent draft of the legislation to the Secretary of 
State for review following the same process. The Secretary of State shall review each 
subsequent draft from the applicant and provide a revised draft or written response 
suggesting how the proposed law may be modified to conform with the requirements of 
this section within 10 business days. 
Before the ballot question is drafted by the 
Secretary of State, written consent to the final language of the proposed law must be 
given by the applicant. 
Page I - 123LR1189(OI)-1 
Sec. 2. 21-A MRS A §901, sub-§4, as amended by PL 1997, c. 581, §4, is further 
amended to read: 
4. 
Ballot question. 
The ballot question for an initiative or a people's veto 
referendum must be drafted by the Secretary of State in accordance with section 906 and 
rules adopted in ·accordance with the Maine Administrative Procedure Act. The Secretary 
of State shall provide the ballot question to the applicant for a people's veto referendum 
within 10 business days after receipt of a properly completed application. The Secretary 
of State shall provide the ballot question to the applicant for an initiative within 10 
business days after the applicant has submitted to the Secretary of State written consent to 
the final language of the proposed law. 
If an initiative is determined pursuant to 
II 
subsection 3-A to have a cost other than the cost associated with conducting a referendum 
on the initiative, the Secretary of State shall include information on the cost of the 
initiative and how that cost will be paid in the ballot question. The question must be 
conspicuously displayed on the face ofthe petition. 
SUMMARY 
This bill requires the Secretary of State to request assistance from the Office of Fiscal 
and Program Review in determining whether a direct initiative will have a fiscal impact. 
If the Office of Fiscal and Program Review determines that the direct initiative has a cost 
other than the cost associated with conducting a referendum on the direct initiative, the 
person who submitted the direct initiative must indicate in a subsequent draft of the direct 
initiative submitted to the Secretary of State how the cost of the direct initiative will be 
paid. The bill also requires the Secretary of State to include information on the cost of 
the direct initiative and how that cost will be paid in the ballot question.