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An Act To Prohibit a Municipality from Holding a Referendum To Legalize the Recreational Use of Marijuana
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §2522, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
§ 2522.Petition for article in warrant
On the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall either insert a particular article in the next warrant issued or shall within 60 days call a special town meeting for its consideration. A petition that seeks to legalize the recreational use of marijuana within a municipality may not be approved for inclusion in the warrant or considered at a town meeting.
Sec. 2. 30-A MRSA §2528, sub-§5, as amended by PL 2003, c. 569, §2, is further amended to read:
 
5. Referendum questions.   By order of the municipal officers or on the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall have a particular article placed on the next ballot printed or shall call a special town meeting for its consideration. A petition or order under this subsection is subject to the filing provisions governing nomination papers under subsection 4.
 
The municipal officers shall hold a public hearing on the subject of the article at least 10 days before the day for voting on the article. At least 7 days before the date set for the hearing, the municipal officers shall give notice of the public hearing by having a copy of the proposed article, together with the time and place of hearing, posted in the same manner required for posting a warrant for a town meeting under section 2523. The municipal officers shall make a return on the original notice stating the manner of notice and the time it was given.
 
A. The requirement for public hearing is not a prerequisite to the valid issuance of any bond, note or other obligation of a municipality authorized to borrow money by vote under any such particular article.
 
B. If a particular article to be voted on by secret ballot requests an appropriation of money by the municipality, the article, when printed in the warrant and on the ballot, must be accompanied by a recommendation of the municipal officers.
 
(1) If by town meeting vote or charter provision, a budget committee has been established to review proposed town expenditures, the recommendations of the budget committee shall be printed in addition to those of the municipal officers.
 
(2) If the action affects the school budget, a recommendation by the school board shall be printed in addition to those of the municipal officers and the budget committee, if any.
 
C. If the warrant for a town meeting contains only articles for the election of the moderator and one or more referendum questions to be voted on by secret ballot, the municipal officers may specify the same voting places as those used by the town for federal, state or county elections.
 
A petition or order that seeks to legalize the recreational use of marijuana within a municipality may not be approved for inclusion on the ballot or considered at any town meeting.
 
SUMMARY
This bill prohibits a municipality from including a referendum question to legalize the recreational use of marijuana on a ballot or in a warrant or considering it at a town meeting.