An Act To Clarify the Authority of Municipal Boards and Committees
Maine Legislature, Session 123, LD 1906
Committee Amendment CA_A_H495 (House)
Amends: 1 MRSA §71, 30-A MRSA §504, 30-A MRSA §2602

COMMITTEE AMENDMENT 'fl " 
to H.P. 1340, L.D. 1906, Bill, "An Act To 
Clarify the Authority of Municipal Boards and Committees" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify the Authority of Boards and Committees' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Law Court issued an opinion known as Stevenson v. Town of 
Kennebunk on April 26, 2007; and 
Whereas, the Stevenson decision raises substantial questions about the ability of 
any governmental body to take any action when there is a vacancy on that body; and 
Whereas, the Stevenson decision disrupts the ability of governmental bodies to 
continue operating as they have for years; and 
Whereas, it is immediately necessary to clarifY the law and eliminate any 
uncertainty before government bodies incur substantial delays and inconvenience, effort 
and expense to change local charters and ordinances; 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 enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §71, sub-§3 is repealed and the following enacted in its place: 
COMMITTEE AMENDMENT 
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CQMMITfEE AMENDMENT" fl· "' H.P. 1340, L.D. 190' 
3. Authority to 3 or more. Words in any statute, charter or ordinance giving 
authority to 3 or more persons authorize a majority to act when the statute, charter or 
ordinance does not otherwise specify. 
Notwithstanding any law to the contrary, a 
vacancy on an elected or appointed body does not in itself impair the authority of the 
remaining members to act unless a statute, charter or ordinance expressly prohibits the 
body from acting during the period of any vacancy and does not in itself affect the 
validity of any action no matter when taken. 
Sec. 2. 30-A MRSA §504 is enacted to read: 
§504. Authority to act 
Words in any statute, charter or ordinance giving authority to 3 or more persons 
authorize a majority to act when the statute, charter or ordinance does not otherwise 
specify. Notwithstanding any law to the contrary, a vacancy on an elected or appointed 
body does not in itself impair the authority of the remaining members to act unless a 
statute, charter or ordinance expressly prohibits the body from acting during the period of 
any vacancy and does not in itself affect the validity of any action no matter when taken. 
Sec. 3. 30-A MRSA §2602, sub-§7 is enacted to read: 
7. Authority to act. Words in any statute, charter or ordinance giving authority to 3 
or more persons authorize a majority to act when the statute, charter or ordinance does 
not otherwise specify. Notwithstanding any law to the contrary, a vacancy on an elected 
or appointed municipal or quasi-municipal body does not in itself impair the authority of 
the remaining members to act unless a statute, charter or ordinance expressly prohibits the 
municipal or quasi-municipal body from acting during the period of any vacancy and 
does not in itself affect the validity of any action no matter when taken. 
Sec. 4. Retroactivity. An action, vote or adjudication of an elected or appointed 
body that occurred prior to the effective date of this Act, including actions, votes or 
adjudications that occurred prior to April 26, 2007, is not void for the sole reason that a 
vacancy existed on the elected or appointed body at the time the action, vote or 
adjudication occurred. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. ' 
SUMMARY 
Like the bill, this amendment overturns the portion of the Law Court decision in 
Stevenson v. Town of Kennebunk that held that a municipal board was not authorized to 
take any action because there was a vacancy on the board. The Law Court held that a 
charter or ordinance must specifically authorize a board to act in the event of a vacancy. 
This amendment clarifies Maine law generally, and county and municipal laws 
specifically, to require a statute, charter or ordinance to specifically prohibit a body from 
acting in the event of a vacancy in order to have that effect. Because the Law Court 
decision declared the actions of bodies having vacancies "null and void," the amendment 
also clarifies that no action previously taken is invalid solely because of the existence of a 
vacancy or vacancies on the body. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,It " 
to H.P. 1340, L.D. 1906 
The amendment is an emergency and validates all past actions taken by boards during 
periods of vacancies. 
COMMITTEE AMENDMENT