Baldacci mulls veto for petition bill

AUGUSTA – A coalition of development groups is urging Gov. John Baldacci to sign a controversial bill setting limits on the ability of citizens to petition to retroactively block local ordinances. The governor is considering a veto of the measure, citing constitutional concerns.

“When it gets to a citizens initiative and the right of a citizen of the state of Maine to petition, I really believe, as the court just affirmed, it is pretty close to sacrosanct,” Gov. John Baldacci said. “Anything that the Legislature does that restricts or limits that ability I have concerns about.”

The governor said he has not made up his mind on whether to veto the bill, LD 1481, but it is an option. He has asked his staff to review the bill, particularly in light of the recent Maine supreme court ruling striking down a law setting limits on when petitions can be filed under the citizen initiative process. That ruling led to the Tax Payer’s Bill of Rights, or TABOR, initiative going on the ballot this fall.

“I really want to review this and spend time with my legal counsel on it,” Baldacci said.

Under the state constitution, Baldacci must decide what he will do by the end of the day Friday when his 10-day window to consider legislation ends.

“This bill does not take away any citizen rights,” Portland City Councilor Ed Suslovic said at an Augusta news conference. “I want to assure the governor of that fact.”

Suslovic, a development consultant, joined with several others to urge the governor sign the measure. He said the legislation does not abolish the right to petition, but places “reasonable” restrictions on the process at the local level.

“Not every town allows the petition process,” Suslovic said, “but where it is allowed, this bill establishes a 75-day window for the process. It establishes finality to the process that is not there today and affects development.”

Jamie Whelan, president of the Maine Real Estate and Development Association, said developers are deterred from making investments when they are not sure whether a project will go forward because of the ability of the petition process to retroactively change zoning rules.

“We think it is important the governor sign this bill to let investors know you can risk your capital and invest in Maine,” he said. “There needs to be some certainty that this law will allow.”

Whelan said the legislation, if signed, will encourage further economic growth and development throughout the state. He said the status quo could hurt development efforts as Maine developers compete with development capital with other states.

The coalition supporting the measure includes the Maine Real Estate and Development Association, the Maine State Chamber of Commerce, the Maine Association of Realtors, the Maine State Housing Authority and Associated Constructors of Maine.

“We are in strong support of LD 1481,” said Tobin Malone, past president of the Maine Association of Realtors. “We feel this bill is critically important to Maine economic development.”

She said the voters will continue to be able to use the petition process to change local zoning rules and that her organization does not want to infringe on the tradition of local control and the ability to petition.

But there is also pressure on the governor to veto the bill. Several members of the Legislature who voted against the measure have met with Baldacci to express their concerns about the legislation, Rep. Deborah Simpson, D-Auburn, said last week.

The legislation is also opposed by Mary Adams, leader of the TABOR initiative, as an infringement on citizen rights. She said last week the Legislature should have learned from the court ruling in her case that it should not tamper with the constitutional right to petition.