An Act To Hold Refugee Resettlement Agencies Accountable to Maine People
Maine Legislature, Session 128, LD 0847
Committee Amendment CA_A_H413 (House)

COMMITTEE AMENDMENT "Pr" to H.P. 596, L.D. 847, Bill, "An Act To Hold 
Refugee Resettlement Agencies Accountable to Maine People" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA Pt. 31 is enacted to read: 
PART31 
IMMIGRATION AND REFUGEE PROGRAMS 
CHAPTER631 
REFUGEE RESETTLEMENT PROGRAMS 
§25001. Short title 
This chapter may be known and cited as "the Responsible Refugee Resettlement 
Act.
§25002. Definitions 
For the purposes of this chapter, unless the context otherwise indicates. the following 
terms have the following meanings. 
1. Absorptive capacity. "Absorptive capacity" means: 
A. The ability of a locality's social service and health care agencies to meet the needs 
of the locality's residents or anticipated residents: 
B. The availability of affordable housing. low-cost housing or both and the existence 
of waiting lists for such housing in the locality: 
C. The ability of the local school district to meet the needs of the student population 
or anticipated student population. including the refugee population or anticipated 
refugee population; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 596, L.D. 847 
D. The ability of the locality's economy to absorb new workers without causing 
competition with local residents for job opportunities. displacing local workers or 
adversely affecting the wages or working conditions of the local workforce: and 
E. The ability of the locality's law enforcement to maintain law and order and ensure 
general public safety for its residents and anticipated residents. 
2. Act of terrorism. 
11Act of terrorism" means any act of domestic or international 
terrorism as defined in 18 United States Code. Section 23 31. 
3. 
Locality. 
11Locality
means any county. municipality or other political 
subdivision of the State. 
4. Refugee. 
11Refugee
has the same meaning as in 8 United States Code, Section 
1101(a)(42). 
§25003. Withdrawal from refugee resettlement program 
State and local government agencies are not authorized to participate in the federal 
refugee resettlement program as created by the United States Congress pursuant to the 
Refugee Act of 1980. Public Law 96-212. 
§25004. Refugee resettlement liability 
A nongovernmental entity that provides refugee resettlement services in this State 
after Januruy 1. 2018 may be held liable for damages in a civil action in a court of 
competent jurisdiction if the entity resettles a refugee who subsequently commits an act 
of terrorism in this State and the entity knew or should have known that such an act of 
terrorism was likely or imminent. 
§25005. Eligibility for tax exemption 
To maintain eligibility for state or local tax exemptions, a nongovernmental entity 
that provides resettlement services in this State must annually certify: 
1. Quarterly meetings. That the entity has made an attempt to convene no less than 
quarterly meetings with appropriate state and local government officials of any locality 
that is a host or being considered as a host for refugee resettlement: 
2. 
Consideration of recommendations. 
That the entity has taken the 
recommendations of the state and local government officials into consideration in the 
planning of refugee resettlement within the State: and 
3. No action if no absorptive capacity indicated. That the entity has not taken any 
action to resettle refugees into a locality that has indicated that it does not have the 
absorptive capacity to accept refugees into its jurisdiction. 
§25006. Transparency 
A nongovernmental entity that provides refugee resettlement services in this State 
shall submit an annual report to the Governor and the Legislature that includes the 
following information: 
1. Services. A description of services provided: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·ft" to H.P. 596, L.D. 847 
2. Localities. A list of the localities in the State receiving refugees; 
3. Number of refugees. The total number of refugees the entity has resettled in the 
State; 
4. Demographics. The demographic breakdown of refugee arrivals to the State 
including by age, country of origin and sex: and 
5. Anticipated changes. Any anticipated changes in the number of refugee arrivals 
or destination localities for the following reporting year. 
§25007. Implementation 
The Commissioner of Health and Human Services shall adopt rules to implement this 
chapter. 
Rules adopted pursuant to this section are routine technical rules for the 
purposes of Title 5, chapter 375, subchapter 2-A. 
§25008. Effective date 
This chapter takes effect January 1, 2018. 1 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
It replaces the bill, which is a concept draft. 
The amendment establishes the Responsible Refugee Resettlement Act. 
The Act prohibits the State and local governments from participating in the federal 
refugee resettlement program as created by the United States Congress pursuant to the 
Refugee Act of 1980, Public Law 96-212. 
Under the Act, any nongovernmental entity that provides refugee resettlement 
services after January 1, 2018 may be held liable in a civil action if it resettles a refugee 
who subsequently commits an act of terrorism in this State and the entity knew or should 
have known that the act of terrorism was likely or imminent. 
Under the Act, a nongovernmental entity that provides refugee resettlement services 
must certify that the following requirements are met in order to maintain eligibility for 
state or local tax exemptions: 
1. Attempt to convene at least quarterly meetings with state and local government 
officials of a locality that is a host or being considered as a host; 
2. Take into consideration recommendations of the state and local government 
officials; and 
3. Take no action to resettle refugees in any locality that has indicated it does not 
have the absorptive capacity, which is defined in the amendment, to accept new refugees. 
Under the Act, a nongovernmental entity that provides refugee resettlement services 
must submit an annual report to the Governor and the Legislature that includes specific 
information about the refugees, refugee demographics and plans for the following year. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "H" to H.P. 596, L.D. 847 
The Commissioner of Health and Human Services must adopt routine technical rules 
to carry out the Act. 
The Act takes effect January 1, 2018. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/11/17 :Wac. 
LD847 
LR 1440(02) 
An Act To Hold Refugee Resettlement Agencies Accountable to Maine People 
Fiscal Note for Bill as Amended by Committee Amendment "/f CJ{-L.J. J -:0 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - General Fund 
Potential current biennium revenue increase - Municipalities 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund rev{lnue by minor amounts. 
Fiscal Detail and Notes 
If a nongovernmental entity that provides resettlement services does not provide certain certifications annually 
regarding their activities, the entity may have their eligibility for state or local tax exemptions denied, therefore 
increasing General Fund revenues and municipal revenues. 
LR1440(02) - Fiscal Note - Page 1 of 1