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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

ATTORNEY GENERAL                                                   REGIONAL OFFICES:
TEL: (207) 941-3070
FAx: (207) 941-3075
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

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