Chapters 450 and 456 as competing measures necessary of inclusion on the ballot along with the initiative to repeal Maine's bottle law

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RICHARD S, COHEN ATTORNEY GENERAL S·1'1\'l'I~ 01•' MAINE D.t::l~AH.'1'MJ::N'1' 01•' '!'HJ:: A'1v1'01<.NJ::Y G.t::NJ::U.AL AUGUS'rA. MAINE 04333 James Henderson Deputy Secretary of State State Office Building Augusta, Maine 04333 Dear Jim: June 21, 1979 STEPHEN L. DlAMOND JOHNS. GLEASON JoHN M. R. PATERSON ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL This is in response to your inquiry as to whether Chapters 450 and 456 of the Public Laws of 1979 are competing measures which must be included .on the ballot with the ini- tiative question to repeal ·Maine's "bottle law." We answer your question in the negative. Chapters 450 and 456 were both passed as emergency enactments. In Mccaffrey v. Gartley_, Me., 377 A.2d 1367 (1977), the Law Court held that emergency legislation does not consti- tute a competing measure under art. IV, pt. 3, § 18 of the Maine Constitution. For·that reason, we conclude that the changes brought about by Chapters 450 and 456 need not be included on the ballot as an alternative to the repealer initiative. A more detailed explanatjon of the reasoning behind this conclusion is contained in our May 2, 1979, opinion to Senator Chapman and Representative Howe, a copy of which is attached. Your question would also seem to apply to L.D. 765 which amended certain other sections of the bottle law. According to Legislative Information, L.D. 765 was enacted as eme1rgency legislation and signed by the Governor in that form.L Assuming the accuracy of that information, the above conclusion would hold true for that enactment ~swell. As of this writing, Legislative Information does not have a chapter number· for L.D. 765. Page 2 I hope this information is helpful. Please feel free to contact us if we can be of any further service. SLD/ec Enclosure Sincerely, ,..-2~ STEPHEN L. DIAMOND Deputy Attorney General