Dear Fellow Citizen,

All eligible Maine residents may vote in the referendum election on November 7, 2000. The information in this booklet is intended to help you learn about the issues so that you can make your own, well-informed decisions about how to vote. Referendum elections are an important part of the heritage of public participation in Maine, so I hope you will help keep our democracy strong by voting.

For information about how or where you vote, you may contact your local municipal clerk or call Maine’s Division of Elections at 287-4186.

Now, enclosed in this booklet you will find:

• Each of the 6 referendum questions.
• The legislation each question represents.
• A summary of the intent and content of the legislation.
• An explanation of the significance of a "yes" or "no" vote.

Sincerely,

Dan A. Gwadosky
Secretary of State

Should a terminally ill adult who is of sound mind be allowed to ask for and receive a doctor’s help to die?

Do you favor requiring landowners to obtain a permit for all clear-cuts and defining cutting levels for lands subject to the Tree Growth Tax Law?

Do you want to allow video lottery machines at certain horse racing tracks if 40% of the profits are used for property tax relief?

Do you favor amending the Constitution of Maine to allow the Legislature to provide for the assessment of land used for commercial fishing activities based on the current use of that property?

Do you favor amending the Constitution of Maine to end discrimination against persons under guardianship for mental illness for the purpose of voting?

Do you favor ratifying the action of the 119^th Legislature whereby it passed an act extending to all citizens regardless of their sexual orientation the same basic rights to protection against discrimination now guaranteed to citizens on the basis of race, color, religion, sex or national origin in the areas of employment, housing, public accommodation and credit and where the act expressly states that nothing in the act confers legislative approval of, or special rights to, any person or group of persons?

Should a terminally ill adult who is of sound mind be allowed to ask for and receive a doctor’s help to die?

"The Maine Death with Dignity Act"

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 18-A MRSA art. V, Part 9 is enacted to read:

§5-901. Short title

This Part may be known and cited as the "Maine Death with Dignity Act."

              As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.

              (a) "Adult" means a person who is 18 years of age or older.

              (b) "Attending physician" means a physician who has primary responsibility for the care of a patient and treatment of that patient's terminal disease.

              (c) "Capable" means not incapable.

              (d) "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease. The consulting physician may not be a partner or similar business associate of the attending physician and may not have an office in the same building as the attending physician.

              (e) "Counseling" means a consultation between a counselor and a patient to carry out the purposes set forth in section 5-907.

             (f) "Counselor" means a psychiatrist licensed under Title 32, chapter 48 or a psychologist licensed under Title 32, chapter 56.

             (g) "Health care provider" means a person licensed, certified or otherwise authorized or permitted by the laws of this State, to administer health care in the ordinary course of business or the practice of a profession and includes a health care facility.

             (h) "Incapable" means that, in the opinion of the patient's attending physician or consulting physician, a patient lacks the ability to make and communicate health care decisions to health care providers.

                ( i ) "Informed decision" means a decision that is made by a qualified patient to request and obtain a prescription to end that patient's life in a humane and dignified manner and that is based on the patient's appreciation of the relevant facts after being fully informed by the attending physician of:

(1) The patient's medical diagnosis;

(2) The patient's prognosis;

(3) The potential risks associated with taking the medication that is prescribed;

(4) The probable results of taking the prescribed medication; and

(5) The feasible alternatives, including, but not limited to, comfort care, hospice care and pain control.

          (k) "Next of kin" includes a family member or an adult who has exhibited special concern for the patient and who is familiar with the patient’s personal values.

          (l) "Palliative care specialist" means a person who is recognized to have expertise in palliative care. A palliative care specialist may be, but is not limited to, a hospice worker, nurse, nurse practitioner or physician.

          (m) "Patient" means a person who is under the care of a physician.

          (n) "Personally communicated request" means a request that the patient makes directly in a face-to-face meeting with the attending physician. A "personally communicated request" may be made orally, by sign language or by some other method of communication, including a method using an interpreter, that clearly and unambiguously communicates the patient's intentions.

          (o) "Physician" means a doctor of medicine or osteopathy licensed to practice medicine by the Board of Licensure in Medicine or the Board of Osteopathic Licensure.

          (p) "Qualified patient" means a capable adult who is a resident of this State and who has satisfied the requirements of this Act in order to obtain a prescription for medication to end that person's life in a humane and dignified manner.

          (q) "Terminal disease" means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months.

§5-903. Written request for medication

          (a) A patient who is an adult, is capable, is a resident of this State and is determined by the attending physician and the consulting physician to be suffering from a terminal disease and who has voluntarily expressed the wish to die may make a written request for medication for the purpose of ending that patient’s life in a humane and dignified manner in accordance with this Act.

          (b) A valid request for medication under this Act must be in the form described in section 5-921, signed and dated by the patient and witnessed by at least 2 individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is capable, is acting voluntarily and is not coerced to sign the request.

The attending physician shall:

(b) Inform the patient of:

(d) Refer the patient to a palliative care specialist pursuant to section 5-906;

(e) Refer the patient for counseling pursuant to section 5-907;

          (g) Inform the patient of the opportunity to revoke the request for a prescription for medication under this Act at any time and in any manner and offer the patient an opportunity to revoke the request at the end of the 15-day waiting period pursuant to section 5-912;

          (h) Verify, immediately before writing the prescription for medication under this Act, that the patient is making an informed decision;

(i) Fulfill the medical record documentation requirements of section 5-913; and

§5-905. Consulting physician confirmation

          A patient is qualified under this Act if a consulting physician examines the patient and the patient's relevant medical records and confirms, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease and verifies that the patient is capable, is acting voluntarily and has made an informed decision. The consulting physician shall inquire whether the patient wishes to notify the next of kin if the patient has not already done so. If requested by the patient, the consulting physician shall provide assistance in arranging notification of or contact with the patient's next of kin.

§5-906. Palliative care specialist’s responsibilities

          The palliative care specialist shall determine whether high-quality palliative care has been made available to the patient. The palliative care specialist shall further make all appropriate recommendations and referrals necessary to overcome any deficiencies in the current level of palliative care provided to the patient. Nothing in this section may be construed to limit or restrict in any way a capable patient’s right to refuse palliative care or any other type of medical care.

§5-907. Counseling referral

          The attending physician and the consulting physician shall refer the patient for counseling. The counselor shall determine whether the patient is suffering from a psychiatric or psychological disorder or depression that causes impaired judgment. Counseling must also include discussion about choosing to die.

          Medication to end a patient's life in a humane and dignified manner may not be prescribed until the counselor determines that the patient is not suffering from a psychiatric or psychological disorder or depression that causes impaired judgment.

          The counselor shall inquire whether the patient wishes to notify the next of kin if the patient has not already done so. If requested by the patient, the counselor shall provide assistance in arranging notification of or contact with the patient's next of kin.

§5-908. Informed decision

          A person may not receive a prescription for medication to end that person's life in a humane and dignified manner unless that person has made an informed decision as defined in section 5-902, subsection (i). Before prescribing medication under this Act, the attending physician shall verify that the patient is making an informed decision.

§5-909. Family notification

          The attending physician, consulting physician and counselor shall ask the patient to notify the next of kin of the patient's request for medication pursuant to this Act. If requested by the patient, the attending physician, consulting physician or counselor shall provide assistance in arranging notification of or contact with the patient's next of kin. A patient who declines or is unable to notify the next of kin may not be denied the request for medication for that reason.

§5-910. Requests

          To receive a prescription for medication to end the patient's life in a humane and dignified manner, a qualified patient must personally communicate a request and repeat the personally communicated request to the attending physician no sooner than 15 days after the initial request. Before the 2nd personally communicated request is made, the patient must make the request in writing as described in section 5-903. When the qualified patient makes the 2nd personally communicated request, the attending physician shall offer the patient an opportunity to revoke the request.

§5-911. Right to revoke request

          A patient may revoke a request for medication under this Act at any time and in any manner without regard to the patient's mental state. A prescription for medication under this Act may not be written without the attending physician offering the qualified patient an opportunity to revoke the request.

§5-912. Waiting period

          No fewer than 15 days may elapse between the patient's initial personally communicated request and the writing of a prescription under this Act. No fewer than 48 hours may elapse between the patient's written request and the writing of a prescription under this Act.

§5-913. Medical record filing requirements

The following information must be filed or noted on a chart in the patient's medical record:

          (b) All written requests by a patient for medication to end the patient's life in a humane and dignified manner;

          (c) The attending physician's diagnosis and prognosis and that physician's determination that the patient is capable, is acting voluntarily and is making an informed decision;

          (d) The consulting physician's diagnosis and prognosis and that physician's determination that the patient is capable, is acting voluntarily and is making an informed decision;

(e) A report of the determinations made during counseling;

          (g) A note by the attending physician stating that requirements under this Act have been met and indicating the steps taken to carry out the request and the medication prescribed.

§5-914. Residency requirement

         Only persons who have been residents of this State for at least 6 months immediately preceding the request may make and be granted requests under this Act.

§5-915. Reporting requirements

          (a) The Department of Human Services, Bureau of Health shall annually review records maintained pursuant to this Act.

          (b) The Department of Human Services, Bureau of Health shall adopt rules to facilitate the collection of information in compliance with this Act. The information is not a public record and is not available to the public.

          (c) The Department of Human Services, Bureau of Health shall make available to the public an annual statistical report of information collected under subsection (b).

§5-916. Effect on construction of wills, contracts and laws

          (a) A provision in a contract, will or other agreement, whether written or oral, to the extent the provision affects the decision of a person to make or revoke a request for medication to end the person's life in a humane and dignified manner, is not valid.

          (b) An obligation owing under any existing contract is not conditional to or affected by the making or revoking of a request for medication under this Act to end the person's life in a humane and dignified manner.

§5-917. Insurance or annuity policies

          Benefits payable under a life, health or accident insurance or annuity policy are not affected by making or revoking a request under this Act for medication to end the patient's life in a humane and dignified manner. A qualified patient's act of ingesting medication to end that patient's life in a humane and dignified manner may not have an effect upon benefits payable under a life, health or accident insurance or annuity policy.

§5-918. Construction

          (a) This Act may not be construed to authorize a physician or any other person to end a patient's life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with this Act do not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide.

          (b) This Act may not be construed to authorize any person to assist in the administration of medication prescribed under the provisions of this Act.

§5-919. Immunities

          (b) A professional organization or association or health care provider may not subject a person to censure, discipline, suspension, loss of license, loss of privileges, loss of membership or any other penalty for participating or refusing to participate in good faith in any act under this Act.

          (c) A request by a patient for medication or provision of medication by an attending physician in accordance with the provisions of this Act does not provide the sole basis for the appointment of a guardian or conservator. The provision of medication to a qualified patient does not constitute neglect on the part of an attending physician.

          (d) A health care provider is not under a duty, whether by contract, by law or by any other legal requirement, to provide medication to end the patient's life in a humane and dignified manner. If a health care provider is unable or unwilling to carry out a patient's request under this Act and the patient transfers that patient's care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the patient's relevant medical records to the new health care provider.

          (e) A pharmacist is not under a duty, whether by contract, by law or by any other legal requirement, to fill a prescription written in accordance with this Act that the pharmacist knows or has reason to know is intended to be ingested by a qualified patient to end that patient's life in a humane and dignified manner. If a pharmacist is unable or unwilling to fill a prescription under this Act, the pharmacist shall make that inability or refusal known to the patient, who may then seek another pharmacist to fill the prescription.

§5-920. Liabilities

          (a) A person who, without authorization of the patient, willfully alters or forges a request for medication or conceals or destroys a revocation of that request with the intent or effect of causing the patient's death commits a Class A crime.

          (b) A person who coerces or exerts undue influence on a patient to request medication for the purpose of ending the patient's life or to destroy a revocation of such a request commits a Class A crime.

          (c) This Act does not limit liability for civil damages resulting from negligent conduct or intentional misconduct by any person or entity.

          (d) The penalties in this Act do not preclude criminal penalties applicable under other law for conduct that is inconsistent with the provisions of this Act.

§5-921. Form of request

          A request for medication as authorized by this Act must be substantially in the following form.

REQUEST FOR MEDICATION

TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER

I,........................., am an adult of sound mind.

          I have been fully informed of my diagnosis and prognosis, the nature of the medication to be prescribed and its potential associated risks, the expected result of taking the medication and the feasible alternatives to ending my life in a humane and dignified manner, including comfort care, hospice care and pain control.

          I request that my attending physician prescribe medication that will end my life in a humane and dignified manner.

INITIAL ONE:

I make this request voluntarily and without reservation.

DECLARATION OF WITNESSES

We declare that the person signing this request:

(A) Is personally known to us or has provided proof of identity;

(B) Signed this request in our presence;

(D) Is not a patient for whom either of us is the attending physician.

........................................................................................Witness 1...............Date

.......................................................................................Witness 2................Date

SUMMARY

             This initiative would enact a new statute, entitled the Maine Death with Dignity Act. Under the Act, a person who is terminally ill, over the age of 18, a resident of this state for at least 6 months and capable of making his or her own decisions about health care, may request medication to end their life in a humane and dignified manner. The request must be personally communicated to the person’s attending physician on two occasions not less than 15 days apart. It also must be conveyed in written form, witnessed by two individuals who are not related to the patient, and who have no interest in the patient’s estate. The Act requires the attending physician to first counsel the person regarding alternatives such as comfort care, hospice care and pain control, and a consulting physician must confirm the diagnosis of terminal illness as well as the determination that the person is capable of making the decision, is acting voluntarily and is making a decision to end their life in this manner after being fully informed by the physician of all relevant facts. Before obtaining the requested medication, the person also must be referred to a specialist on palliative care as well as to a counselor to determine whether the person is suffering from a psychiatric or psychological disorder or depression that causes impaired judgment. A request for medication to end the person’s life may be revoked at any time, and the person must be so advised. The Act also provides that a decision to end one’s life in this manner will not affect benefits payable under a life, health or accident insurance or annuity policy.

             A person who participates in good faith compliance with this Act would not be subject to civil or criminal liability or professional disciplinary action. The Act does not impose any obligation on a health care provider or pharmacist to provide medication to end the patient’s life if they are unable or unwilling to do so, and the Act does not authorize any person to assist in the administering of any medication prescribed under the Act.

             If approved, this Act would take effect 30 days after the proclamation of the vote.

            A "YES" vote is in favor of the initiative and approves the legislation.

            A "NO" vote is in opposition to the initiative and disapproves the legislation.

Do you favor requiring landowners to obtain a permit for all clear-cuts and defining cutting levels for lands subject to the Tree Growth Tax Law?

"An Act Regarding Forest Practices"

Be it enacted by the People of the State of Maine as follows:

             Sec. 1. 12 MRSA §8869, sub-§§13 to 15 are enacted to read:

          13.   Reasonable cutting levels.    In accordance with the Governor's Maine Council on Sustainable Forest Management report of July 1996, total cutting activities and cutting activities for each species group may not exceed sustainable cutting levels for any rolling 10-year average. This means that the yearly allowable cut levels may not be greater than the average annual growth during the past 10 years. This subsection applies only to landowners who are enrolled under the Maine Tree Growth Tax Law.

          14.   Clear-cutting permit required.   A landowner shall obtain a permit from the Maine Forest Service prior to undertaking cutting activities that will result in a clear-cut. Prior to issuing a permit for a clear-cut, the Maine Forest Service shall determine that the clear-cut is silviculturally justified, that there are no reasonable alternatives to the proposed clear-cut and that no undue adverse ecological damage will result from the clear-cut or the clear-cutting activities. There must be public notice of any permit application and an opportunity to appeal any decision by the Maine Forest Service on permitting.

          15.   Rules.    A Maine Council on Sustainable Forest Management appointed by the Governor shall establish rules, which are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A, implementing subsections 13 and 14 through the public hearing process. In addition to the Director of the Maine Forest Service and the director of Baxter Park's scientific forestry management unit, the council consists of one representative from each of the following categories:

             This initiated bill sets limits on timber harvesting on land subject to the Maine Tree Growth Tax Law and requires that a landowner obtain a permit from the Maine Forest Service prior to undertaking harvesting activities that will result in a clear-cut. Total cutting activities and cutting activities for each species group may not exceed sustainable cutting levels for any rolling 10-year average. The yearly allowable cut levels may not be greater than the average annual growth during the past 10 years. Prior to issuing a permit for a clear-cut, the Maine Forest Service must determine that the clear-cut is silviculturally justified, that there are no reasonable alternatives to the proposed clear-cut and that no undue adverse ecological damage will result from the clear-cut or the clear-cutting activities.

             This initiative amends the existing Forest Practices Act by adding provisions that will require owners of timberland to obtain a permit from the Maine Forest Service prior to undertaking any cutting that would result in a clear-cut, which is a term defined in existing law. Permits would be issued based on a finding that the clear-cut is silviculturally justified, that there are no reasonable alternatives to the proposed clear-cut and that the clear-cutting activity will not cause any undue adverse ecological damage.

              The Act also prohibits landowners enrolled under the Maine Tree Growth Tax Law from cutting trees on their land at a rate that exceeds the average annual growth rate of each species during the past ten years.

              Finally, the Act authorizes the appointment by the Governor of a Maine Council on Sustainable Forest Management to establish rules, within six months, governing the issuance of permits for clear-cutting and implementation of the new restrictions on timber cutting by landowners enrolled under the Maine Tree Growth Tax Law.

             If approved, this Act would take effect 30 days after the proclamation of the vote.

          A "YES" vote is in favor of the initiative and approves the legislation.

             A "NO" vote is in opposition to the initiative and disapproves the legislation.

Do you want to allow video lottery machines at certain horse racing tracks if 40% of the profits are used for property tax relief?

"An Act to Allow Video Lottery Terminals"

Be it enacted by the People of the State of Maine as follows:

             Sec. 1. 17 MRSA §348 is enacted to read:

§348. Video lottery terminals exempted

          Except as expressly provided in chapter 16, this chapter does not apply to video lottery terminals as defined in section 361.

             Sec. 2. 17 MRSA c. 16 is enacted to read:

§361. Definitions

          As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

          1.   Associated equipment.   "Associated equipment" means any proprietary device, machine or part used in the manufacture or maintenance of a video lottery terminal, including but not limited to mechanisms, mechanical components and assemblies, integrated circuit chips, printed wired assemblies, printed wired boards, printing mechanisms, video display monitors and metering devices.

          2.   Formal charging instrument.   "Formal charging instrument" means a complaint, an indictment, information, a juvenile petition or other formal written accusation against a person for a criminal or juvenile offense.

          3.   Fugitive from justice.   "Fugitive from justice" has the same meaning as set forth in Title 15, section 201, subsection 4.

          4.   Licensee.   "Licensee" means a person licensed by the Chief of the State Police to operate a video lottery terminal in accordance with section 371.

          5.   Net video lottery terminal income.   "Net video lottery terminal income" means money or credits inserted into a video lottery terminal minus money or credits paid out or awarded.

          6.  Operate.   "Operate" means to offer for public use.

          7.   Pari-mutuel facility.   "Pari-mutuel facility" means a location at which a person is licensed under Title 8, chapter 11 to accept pari-mutuel wagers on horse races.

          8.   Payback value.   "Payback value" means the value of credits granted to players by a video lottery terminal compared to the value of money inserted into the video lottery terminal by players, calculated on an annual basis.

          9.   Person.   "Person" means an individual, corporation, association or partnership.

          10.   Racing commission.   "Racing commission" means the State Harness Racing Commission.

          11.   Uniform location agreement.   "Uniform location agreement" means a written agreement between a licensee and a video lottery terminal distributor that governs the terms and conditions of the placement of a video lottery terminal on the premises of the licensee.

         12.   Video lottery terminal.   "Video lottery terminal" means any mechanical, electrical, electronic or other device, contrivance or machine that, upon insertion of a coin, token, credit or similar object or thing of value, is available to play or operate, the play or operation of which by application of the element of chance may deliver, or entitle the person playing or operating the device to receive, cash, tokens to be exchanged for cash, merchandise or any other thing of value, whether the payoff is made automatically from the device or in any other manner.

         13.   Video lottery terminal distributor.  "Video lottery terminal distributor" means a person who owns video lottery terminals and who distributes or places video lottery terminals or associated equipment for use in this State.

          14.   Video lottery terminal wholesaler.   "Video lottery terminal wholesaler" means a person who sells video lottery terminals or associated equipment for distribution in this State.

§362. License required

          A person may not manufacture, distribute, sell, operate or place a video lottery terminal for use in this State unless the person is licensed to do so by the Chief of the State Police. A person may not place for public use or operate a video lottery terminal in this State unless the machine is registered with the Chief of the State Police.

§363. Administration and enforcement

          The Chief of the State Police shall administer and enforce the provisions of this chapter.

§364. Powers and duties of the Chief of the State Police

          1.   Powers.    In addition to powers conferred by any other provision of law, the Chief of the State Police may:

          1. Powers.  In addition to powers conferred by any other provision of law, the Commissioner of Administrative and Financial Services may:

          Except as expressly provided in this chapter, chapter 14 does not apply to a video lottery terminal as defined in section 361.

§371. License to operate

          1.  Eligible persons.  The Chief of the State Police shall, within 60 days of receiving an application, issue a license to operate video lottery terminals to an owner or operator of a commercial track, as defined in Title 8, section 275-A, subsection 1, if the Chief of the State Police finds that the commercial track conducted live racing on more than 100 days in each of the previous 2 calendar years. A commercial track may operate video lottery terminals only on days and at locations for which it is licensed to accept pari-mutuel wagers on horse races.

          2.  Restriction against proliferation.A license may not be issued under subsection 1 to any commercial track located within 150 miles of any existing licensee.

          3.  Placement of video lottery terminal.Licensees shall prohibit persons under 21 years of age from any area in which a video lottery terminal is located.

           4.  Uniform location agreement.  Each video lottery terminal must be subject to a uniform location agreement between the distributor and the licensee. A copy of the agreement must be submitted to the Chief of the State Police. The uniform location agreement is the complete and sole agreement between the licensee and the distributor regarding video lottery terminals. No other agreement between the licensee and the distributor is legally binding.

            5.  Disclosure of other contracts and agreements.A distributor shall disclose to the Chief of the State Police any other contracts or agreements that the distributor or a subsidiary of the distributor has made with a licensee.

§372.  Registration of video lottery terminal

           1.   Registration; license required.   A video lottery terminal may not be placed for public use or operated in this State unless the video lottery terminal is registered with the Chief of the State Police, the operator is licensed by the Chief of the State Police and the owner of the video lottery terminal is licensed under either section 371 or section 373. The registration must be prominently displayed on the video lottery terminal. Language describing the odds of winning the game and warning of the danger of compulsive gambling must also be prominently displayed on the video lottery terminal.

           2.  Requirements for registration. To be registered, a video lottery terminal:

           4.  Examination of prototypes.   The Chief of the State Police and the Attorney General shall examine prototypes of video lottery terminals and associated equipment of manufacturers seeking a license as required in this chapter. The Chief of the State Police shall require the manufacturer seeking the examination and approval of a video lottery terminal or associated equipment to pay the anticipated actual cost of the examination before the examination occurs. After the examination occurs, the Chief of the State Police shall refund overpayments or charge and collect amounts sufficient to reimburse the Chief of the State Police for underpayments of actual cost. The Chief of the State Police may contract for the examinations of video lottery terminals and associated equipment as required by this section.

§373.  Licensing of manufacturer, distributor or wholesaler

           1.  Qualifications.  A person applying for a license under this section may be licensed by the Chief of the State Police as a video lottery terminal manufacturer, distributor or wholesaler if the chief is satisfied that the applicant and any of its officers, directors, partners or owners of interest in that association or corporation, other than persons whose interest arises solely from their ownership of publicly traded shares:

           3.  Requirement for license.  A person may not manufacture for distribution in or to this State, distribute within this State or own within this State a video lottery terminal unless the person is licensed under either this section or section 371.

§374. Application

           1.  Form.  An application for a license required under this chapter, except section 371, must be on a form provided by the Chief of the State Police. The application must be signed by the individual applicant or by a duly authorized officer or agent of the association or corporation applying for the license. The application must contain, but is not limited to, the following information regarding the individual applicant and each officer, director, partner or owner of interest in an association or corporation, other than persons whose interest arises solely from their ownership of publicly traded shares, applying for a license:

§375. Fee; term of license; transferability

           1. Fee.  The biennial fee for a license issued under this chapter is as follows:

           2.  Term of license.  All licenses issued by the Chief of the State Police under this chapter are effective for 2 years and renewable biennially, unless revoked pursuant to section 376.

           3.  Nontransferable.  A license issued under this chapter is not transferable or assignable.

§376.  Actions relating to license

           1.  Suspension or revocation of license; refusal to renew. The Chief of the State Police may refuse to renew a license after a hearing in accordance with the Maine Administrative Procedure Act. For a violation of a provision of this chapter or a rule adopted pursuant to this chapter, the Chief of the State Police may suspend a license issued under any section of this chapter for a period of up to 180 days. The Chief of the State Police may refuse to renew or may suspend a license issued under any section of this chapter, except section 371, and the Administrative Court may revoke or suspend a license for any of the following reasons:

           2.  Period of ineligibility following refusal to issue or renew or revocation of license.  A person may not apply to the Chief of the State Police for any license under this chapter, except section 371, less than 2 years after the Chief of the State Police refused to issue or renew a license under this chapter or less than 2 years after the Administrative Court revoked a license issued to the person under this chapter.
 
 

§381. Limits on video lottery terminal use

           1.  Hours of play.  A licensee may permit a person to operate a video lottery terminal only between the hours of noon and one hour after midnight.

           2.  Age of player.  A licensee may not permit a person under 21 years of age to play a video lottery terminal.

           3.  Time and money limits imposed by licensee.  A licensee may impose a daily limit on the amount of time or money spent by an individual playing the video lottery terminals on the licensee's premises.

§382.  Allocation of funds

           1.  Video lottery terminal distributor responsible.  A video lottery terminal distributor shall collect and distribute net video lottery terminal income from video lottery terminals owned by the distributor and located at the licensee's premises as follows:

           3.  Late payments.  A payment not remitted within 30 days of the date due must be paid together with a penalty assessment on the unpaid balance at a rate of 1.5% per month for the period commencing 30 days after the date when the payment was due.

§391.  Reports; records

           1.  Reports; records.  The Chief of the State Police shall require from any licensed video lottery terminal distributor, manufacturer, wholesaler or licensee whatever records and reports the chief considers necessary for the administration and enforcement of this chapter.

           2.  Location.  A license holder shall maintain all records required by this chapter or by rules adopted under this chapter at the primary business office within this State of the license holder or on the premises where a video lottery terminal is operated. In the case of a video lottery terminal manufacturer or wholesaler, the records must be maintained at the primary business office of the manufacturer or wholesaler. The primary business office must be designated by the license holder in the license application. Records required by this chapter or by rules adopted under this chapter must be open to inspection by the Chief of the State Police or a designee and a license holder may not refuse the Chief of the State Police or a designee the right to inspect or audit the records. Refusal to permit inspection or audit of the records is not a crime under this chapter, but does constitute grounds for suspension of the license.

§392.  Access to video lottery terminals, premises, equipment, records

           A person holding a license under this chapter shall permit the Chief of the State Police or a designee to inspect any video lottery terminal, associated equipment, records, materials and other things used or to be used in the operation of a video lottery terminal manufactured, owned, distributed or operated by that person. A person holding a license under this chapter shall consent in writing to the examination of all accounts, bank accounts and records in the license holder's possession or under the license holder's control and shall authorize all 3rd parties in possession or in control of those accounts or records to allow the Chief of the State Police or a designee to examine the accounts and records as the chief determines necessary.

§393. Contempt

           If a witness refuses to obey a subpoena issued by the Chief of the State Police or to give any evidence relevant to proper inquiry by the chief, the Attorney General may petition the Superior Court in the county where the refusal occurred to find the witness in contempt. The Attorney General shall cause to be served on the witness an order requiring that witness to appear before the Superior Court to show cause why that witness should not be adjudged in contempt. The court shall hear the evidence submitted by the witness and the Attorney General and, if it is such as to warrant the court to do so, punish the witness in the same manner and to the same extent as for contempt committed before the Superior Court or with reference to the process of the Superior Court.

§394. Violations

           1. Crimes by licensee.  A licensee who performs any of the following acts commits a Class D crime:

           4.  Notice of violation of video lottery terminal law.  A liquor enforcement officer who notices a violation of a provision of Title 17, chapter 16 shall promptly issue written notification of the violation to the Chief of the State Police and shall provide a copy of this written notification to the licensee or license holder.

             Sec. 4. Working capital advances. The State Controller may advance from the unappropriated surplus of the General Fund to the Department of Public Safety, Bureau of State Police the sum of $600,000 to be used for any necessary start-up costs associated with the licensing, regulation and supervision of video lottery terminals in the State pursuant to the Maine Revised Statutes, Title 17, chapter 16.

              This initiated bill authorizes the operation of video lottery terminals at certain existing regulated pari-mutuel facilities. The initiated bill establishes a regulatory framework for the operation of video lottery terminals, including standards for the registration of the terminals and the licensing of video lottery terminal manufacturers, distributors, wholesalers and operators. Video lottery terminal use is limited to the hours between noon and one hour after midnight. Video lottery terminal use by a person under 21 years of age is prohibited. The initiated bill specifies the allocation of net video lottery terminal income to include the following: 40% to be sent to the Treasurer of State and distributed through municipal revenue sharing; up to 26% to be paid to the distributor who owns the video lottery terminal; 5% to be used to supplement harness racing purses; 1% to be used for purses in sire stakes races; 3% to be used by the Department of Public Safety to cover administrative costs; 2% to benefit the State's agricultural fairs; and the balance to be retained by the person licensed to operate the video lottery terminal. Primary responsibility for administering and enforcing video lottery terminal laws and rules is given to the Chief of the State Police.

              This Act establishes a regulatory program to be administered by the State Police for the use of video lottery terminals at any commercial harness horse racing track that has operated live racing on more than 100 days in each of the previous two calendar years. It directs the Chief of the State Police to issue a license for the operation of video lottery terminals to the owner or operator of any commercial track meeting these requirements. At present, there is only one such facility in the state. Once an operating license is issued to such a facility, no other commercial track within 150 miles of that facility may be licensed. The Act also authorizes the Chief of the State Police to license manufacturers, distributors and wholesalers of video lottery terminals, and the Chief is directed to approve an application for a distributor license submitted by any commercial harness horse racing track that is licensed to operate a pari-mutuel facility and was awarded at least 100 race dates to conduct harness racing by the Maine Harness Racing Commission in 1998. There is only one facility in the state that meets this description.

             The Act grants authority to the Chief of the State Police to adopt rules to prevent undesirable conduct relating to the operation of video lottery terminals and to disable terminals under certain circumstances. The Act makes it a class D crime for a licensee to knowingly permit use of video lottery terminals by anyone who is under age 21 or visibly intoxicated, or to extend credit to a person in order to permit them to play. Tampering with a terminal with intent to interfere with its operation or to manipulate the outcome is a class C crime.

             On an annual basis, the net proceeds from the operation of video lottery terminals would be allocated as follows: 40% to the State Treasurer for distribution through municipal revenue sharing; 26% to the licensed distributor of the terminals; 5% to the licensee to supplement harness racing purses; 3% to the State Police to cover administrative costs; 2% to agricultural fairs authorized to accept wagers on harness racing; and 1% to supplement the purses in sire stakes races. The balance of 23% of the net revenues would be retained by the licensed operator.

             If approved, this Act would take effect 30 days after the proclamation of the vote.

           A "YES" vote is in favor of the initiative and approves the legislation.

             A "NO" vote is in opposition to the initiative and disapproves the legislation.

Do you favor amending the Constitution of Maine to allow the Legislature to provide for the assessment of land used for commercial fishing activities based on the current use of that property?

"RESOLUTION, Proposing an Amendment to the Constitution of Maine to Allow the Legislature to Provide for Assessment of Property Used for Commercial Fishing at Current Use"

           Constitutional amendment. Resolved:   Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:

           Constitution, Art. IX, §8, sub-§2 is amended to read:

           2.   Assessment of certain lands based on current use; penalty on change to higher use. The Legislature shall have power to provide for the assessment of the following types of real estate whenever situated in accordance with a valuation based upon the current use thereof and in accordance with such conditions as the Legislature may enact:

A. Farms and agricultural lands, timberlands and woodlands;

B. Open space lands which are used for recreation or the enjoyment of scenic natural beauty; and

C. Lands used for game management or wildlife sanctuaries.; and

D. Waterfront land used for commercial fishing activities.

           Secretary of State shall prepare ballots. Resolved: That the Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this resolution necessary to carry out the purpose of this referendum.

             This proposal would authorize an amendment to the Constitution of Maine to allow the Legislature to provide for the property tax assessment of waterfront land used for commercial fishing activities, based upon the value of its current use. The Constitution already authorizes this alternative method of property tax assessment for certain farmlands, woodlands, wildlife sanctuaries, and lands used for open space and recreation or the enjoyment of scenic natural beauty.

A "YES" vote approves the constitutional amendment.

A "NO" vote disapproves the constitutional amendment.

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Do you favor amending the Constitution of Maine to end discrimination against persons under guardianship for mental illness for the purpose of voting?

"RESOLUTION, Proposing an Amendment to the Constitution of Maine to Allow Persons with Mental Illness to Vote"

           Constitutional amendment. Resolved: Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:

           Constitution, Art. II, §1 is amended to read:

           Section 1. Qualifications of electors; written ballot; military service members; students. Every citizen of the United States of the age of 18 years and upwards, excepting persons under guardianship for reasons of mental illness, having his or her residence established in this State, shall be an elector for Governor, Senators and Representatives, in the city, town or plantation where his or her residence has been established, if he or she continues to reside in this State; and the elections shall be by written ballot. But persons in the military, naval or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack or military place, in any city, town or plantation; nor shall the residence of a student at any seminary of learning entitle the student to the right of suffrage in the city, town or plantation where such seminary is established. No person, however, shall be deemed to have lost residence by reason of the person’s absence from the state in the military service of the United States, or of this State.

              Indians.   Every Indian, residing on tribal reservations and otherwise qualified, shall be an elector in all county, state and national elections.

           Secretary of State shall prepare ballots. Resolved: That the Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this resolution necessary to carry out the purpose of this referendum.

             This proposal would authorize an amendment to the Constitution of Maine to remove the current prohibition on voting by persons who are under guardianship for reasons of mental illness. To qualify to vote in Maine, a person needs to be at least 18 years of age, to be a citizen of the United States, and to have an established residence in this state. If ratified, this amendment would remove the only restriction to voting that goes beyond these basic qualifications.

A "YES" vote approves the constitutional amendment.

A "NO" vote disapproves the constitutional amendment.

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Do you favor ratifying the action of the 119^th Legislature whereby it passed an act extending to all citizens regardless of their sexual orientation the same basic rights to protection against discrimination now guaranteed to citizens on the basis of race, color, religion, sex or national origin in the areas of employment, housing, public accommodation and credit and where the act expressly states that nothing in the act confers legislative approval of, or special rights to, any person or group of persons?

"An Act to Ensure Civil Rights and Prevent Discrimination"

Be it enacted by the People of the State of Maine as follows:

             Sec. 1. 5 MRSA §4552, as amended by PL 1993, c. 327, §1, is further amended to read:

§4552. Policy

             To protect the public health, safety and welfare, it is declared to be the policy of this State to keep continually in review all practices infringing on the basic human right to a life with dignity, and the causes of these practices, so that corrective measures may, where possible, be promptly recommended and implemented, and to prevent discrimination in employment, housing or access to public accommodations on account of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry or national origin; and in employment, discrimination on account of age or because of the previous assertion of a claim or right under former Title 39 or Title 39-A and in housing because of familial status; and to prevent discrimination in the extension of credit on account of age, race, color, sex, sexual orientation, marital status, religion, ancestry or national origin; and to prevent discrimination in education on account of sex or physical or mental disability.

           Nothing in this chapter confers legislative approval of, or special rights to, any person or group of persons.

            Sec. 2. 5 MRSA §4553, sub-§9-C is enacted to read:

          9-C.  Sexual orientation.  "Sexual orientation" means having an orientation for heterosexuality, homosexuality or bisexuality, having a history of that orientation or being identified with that orientation. "Sexual orientation" refers to a person’s actual or perceived status, condition or gender expression. This chapter is intended to ensure specific defined rights, and not to endorse or extend to any form of sexual behavior, and does not include sexual attraction to a minor by an adult.

            Sec. 3. 5 MRSA §4553, sub-§9-D is enacted to read:

           9-D. Religious entity.  "Religious entity" means:

           4.  Contracts.  The exemption provision of section 4553, subsection 10, paragraph G does not prohibit a state agency from including provisions in a contract with any entity, including a religious entity, that may require nondiscrimination on the basis of sexual orientation otherwise consistent with this chapter with respect to and as a condition to continuation of such a contract; nor does this Act require any religious entity to enter into any contract. With respect to a contract with any religious entity, the employment defenses provided in section 4573-A, subsection 2 are applicable to any dispute arising under such a nondiscrimination clause to the extent related to alleged employment discrimination based on sexual orientation.

           5.  Educational policy.  This Act does not mandate any public or private educational institution to promote any form of sexuality or sexual orientation or to include such matters in its curriculum.

            6.  Affirmative action.  The provisions of this Act relating to sexual orientation are not intended to modify federal or state requirements for affirmative action in effect as of the effective date of this subsection, nor intended to create any new obligations with respect to affirmative action or numerical goals or quotas.

             Sec. 8. 5 MRSA §4571, as amended by PL 1991, c. 99, §6, is further amended to read:

§4571. Right to freedom from discrimination in employment

             The opportunity for an individual to secure employment without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin is recognized and declared to be a civil right.

             Sec. 9. 5 MRSA §4572, sub-§1, ¶¶A, B and C, as amended by PL 1991, c. 885, Pt. E, §7 and affected by §47, are further amended to read:

           The provisions of this subchapter relating to sexual orientation do not require or prohibit the provision of employee benefits to an individual for the benefit of that individual’s partner.

             Sec. 12. 5 MRSA §4573-A, sub-§2, as enacted by PL 1995, c. 393, §21, is amended to read:

             2.  Religious defenses.  This subchapter does not prohibit a religious corporation, association, educational institution or society from giving preference in employment to individualsan individual of its same religion to perform work connected with the carrying on by the corporation, association, educational institution or society of its activities. Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of that organization.

             Sec. 13. 5 MRSA §4581, first ¶, as amended by PL 1991, c. 99, §12, is further amended to read:

              The opportunity for an individual to secure decent housing in accordance with the individual’s ability to pay, and without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status is hereby recognized as and declared to be a civil right.

              Sec. 14. 5 MRSA §4582, 2^nd, 3^rd and 4^th ¶¶, as amended by PL 1991, c. 99, §14, are further amended to read:

             For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation, or any agent of these to make or cause to be made any written or oral inquiry concerning the race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status of any prospective purchaser, occupant or tenant of the housing accommodation; or to refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual housing accommodation because of the race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status of the individual; or to issue any advertisement relating to the sale, rental or lease of the housing accommodation which that indicates any preference, limitation, specification or discrimination based upon race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status; or to discriminate against any individual because of race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status in the price, terms, conditions or privileges of the sale, rental or lease of any housing accommodations or in the furnishing of facilities or services in connection with any housing accommodations,; or to evict or attempt to evict any tenant of any housing accommodation because of the race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status of the tenant;

             For any real estate broker or real estate sales person, or agent of one of them, to fail or refuse to show any applicant for a housing accommodation any accommodation listed for sale, lease or rental, because of the race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status of the applicant or of any intended occupant of the accommodation, or to misrepresent, for the purpose of discriminating because of the race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status of the applicant or intended occupant, the availability or asking price of a housing accommodation listed for sale, lease or rental; or for any reason to fail to communicate to the person having the right to sell or lease the housing accommodation any offer for the same made by any applicant; or in any other manner to discriminate against any applicant for housing because of race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin or familial status of the applicant or of any intended occupant of the housing accommodation,