An Act To Guarantee Free Speech in Privately Owned Public Gathering Places I I
Maine Legislature, Session 123, LD 1540
Committee Amendment CA_A_H876 (House)
Amends: 5 MRSA §4684-C

COMMITTEE AMENDMENT" A " to H.P. 1065, L.D. 1540, Bill, "An Act To 
Guarantee Free Speech in Privately Owned Public Gathering Places" 
I I 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 5 MRSA §4684-C is enacted to read: 
§4684-C. Exercise of political rights 
1. 
Definitions. As used in this section, the following terms have the following 
meanmgs. 
A. "Common area" means that part of a shopping center that consists of entrances, 
exits, passageways, sidewalks, malls, concourses and parking lots that provide access 
to or that connect the establishments of the shopping center and that do not constitute 
part ofthe gross leasable area of the shopping center. 
B. "Establishment" means a store, bank, restaurant, theater, arcade or other similar 
type of facility. 
C. "Gross leasable area" means the total square foot area of all establishments of a 
shopping center leased or offered for lease, regardless of whether vacant or occupied, 
the location of the area within the shopping center or the duration of the lease. 
D. 
"Management" means any person, partnership, limited liability companv, 
corporation, joint venture or other entity managing, owning, operating or otherwise 
controlling the administration of a shopping center. 
E. "Shopping center" means a privately owned complex, enclosed or otherwise, that 
consists of at least 5 establishments in which merchandise is sold at retail, grants 
access to the general public and, in addition to common areas, has at least 75,000 
square feet of gross leasable area. 
2. Exercise of right to solicit petition signatures in shopping center. Management 
of a shopping center shall allow unobtrusive and reasonable solicitation of petition 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ~ " to H.P. 1065, L.D. 1540 
signatures in connection with access to the ballot for a candidate, initiative or referendum 
in the common area of the shopping center, subject to reasonable time, place and manner 
restrictions by management. These reasonable time, place and manner restrictions must 
include the requirement that the petitioner obtain liability insurance and agree to assume 
liability for the petitioner's negligence or willful misconduct in the shopping center. 
3. 
Posting of informational material regarding signature solicitation. 
The 
posting of signs, posters, placards and other displays and written material regarding the 
solicitation of petition signatures is subject to the same reasonable time, place and manner 
restrictions as specified in subsection 2. The signs, posters, placards, displays and written 
materials may not interfere with the commercial purpose of the shopping center or its 
tenants or contain or depict "fighting words," obscenities, pornography, grisly or 
gruesome displays, highly inflammatory slogans likely to provoke a disturbance, or 
racial, religious or ethnic slurs. 
4. Violation. It is a violation of this section for any person, whether or not acting 
under color of state law, to intentionally interfere or attempt to interfere with the exercise 
or enjoymenlby any other person of rights guaranteed by this section.' 
SUMMARY 
This amendment amends the Maine Civil Rights Act to address the right to collect 
signatures in connection with access to the ballot for a candidate, initiative or referendum 
at shopping centers that are privately owned. A shopping center is defined as a privately 
owned complex, enclosed or otherwise, that consists of at least 5 establishments in which 
merchandise is sold at retail, grants access to the general public and, in addition to 
common areas, has at least 75,000 square feet of gross leasable area. 
This amendment requires shopping centers to permit the solicitation of petition 
signatures and to allow the posting of informational material regarding the petition 
subject to reasonable time, place and manner restrictions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03112/08 
frac;. 
LD 1540 
LR 448(03) 
An Act To Guarantee Free Speech in Privately Owned Public Gathering Places 
Fiscal Note for Bill as Amended by Committee Amendment" A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. The collection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR0448(03) - Fiscal Note - Page 1 of 1