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1997 Maine Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagme0025 and id is 1 raw text is: 97-1 ANDREW KETTERER ATTORNEY GENERAL REGIONAL OFFICES: 84 HARLOW ST., 2ND FLOOR BANGOR, MAINE 04401 TEL: (207) 941-3070 FAx: (207) 941-3075 DEPARTMENT OF THE ATTORNEY GENERAL 59 PREBLE STREET 6 STATE HOUSE STATION PORTLAND, MAINE 04101-3014 FAX: (207) 287-3145 TEL: (207) 822-0260 TOO: (207) 626-8865 AUGUSTA, MAINE 04333-0006 FAX: (207) 822-0259 February 26, 1997 Senator Vinton E. Cassidy Maine State Senate 3 State House Station Augusta, ME 04333-0003 Dear Senator Cassidy: I am writing in response to your inquiry to this office concerning whether the Maine Legislature may enact amendments to the laws governing forest practices during the period in which a competing measure on that general subject enacted by the Legislature as an alternative to initiated legislation is pending before the voters of the State. For the reasons which follow, it is the Opinion of this office that the Legislature may not, during this period, enact legislation which is inconsistent with the competing measure. Your question has its origin in initiated legislation that was presented to the Second Regular Session of the 117th Legislature, pursuant to Article IV, Part Third, Section 18 of the Maine Constitution. That legislation was printed as Initiated Bill 4, Legislative Document 1819, An Act to Promote Forest Rehabilitation and Eliminate Clearcutting. In response to this citizen initiative, the Legislature, at a Special Session held in September of.1996, acting pursuant to Article IV, Part Third, Section 18, Subsection 2 of the Maine Constitution, passed a competing measure for consideration by the voters as an alternative to the initiated legislation at the general election held on November 5, 1996. Competing Measure Resolutions 1995, ch. 1. At the 1996 general election, the competing measure received more than one-third but less than a majority of all of the votes cast. Thus, pursuant to the provisions of Article IV, Part Third, Section 18, Subsection 2 of the Maine Constitution, the competing measure will be resubmitted to the voters at the next statewide election, which will be held on November 4, 1997, unless the Legislature elects to call a special election for this purpose sooner, pursuant to the same Printed on Recycled Paper

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