Maine LD 1394: An Act To Prohibit Legislators From Legislating While Intoxicated

Bill Text

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130th MAINE LEGISLATURE
FIRST SPECIAL SESSION-2021
Legislative Document No. 1394
H.P. 1028 House of Representatives, April 7, 2021
An Act To Prohibit Legislators from Legislating While Intoxicated
Received by the Clerk of the House on April 5, 2021. Referred to the Committee on State
and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule
401.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Augusta.

Page 1 - 130LR1794(01)
1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 3 MRSA §5 is enacted to read:
3 §5. Participation while intoxicated
4 A member of the Senate or a member of the House of Representatives may not enter
5 the chamber of the Senate or chamber of the House of Representatives or vote on any
6 legislative matter while under the influence of intoxicants or while having an alcohol level
7 of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. For
8 purposes of this section, "under the influence of intoxicants" means under the influence of
9 alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and
10 drugs to an extent to which criminal operating under the influence of intoxicants or with an
11 excessive alcohol level under Title 29-A, section 2411 would apply.
12 SUMMARY
13 This bill prohibits a Legislator from entering the chamber of the Senate or chamber of
14 the House of Representatives or voting on any legislative matter if the Legislator is
15 intoxicated by drugs or alcohol at a level that would constitute criminal operating under the
16 influence.
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