An Act To Modify the Citizen Initiative Process
Sec. 1. 21-A MRSA §901, sub-§3-A, as amended by PL 2007, c. 234, §1, is further amended to read:
(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 to determine 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. The applicant must give written consent to the final language of the proposed law to the Secretary of State before the petition form is designed by the Secretary of State.
Sec. 2. 21-A MRSA §901, sub-§4, as amended by PL 2007, c. 234, §2, is further amended to read:
Sec. 3. 21-A MRSA §901, sub-§8 is enacted to read:
summary
This bill requires the Secretary of State to request assistance from the Office of Fiscal and Program Review to determine 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 in the ballot question information on the cost of the direct initiative and how that cost will be paid. The bill also indicates that if a means of paying for or accounting for the cost is not included in the legislation, then the direct initiative may not be enacted into law until it is funded through the normal legislative process.