Resolve, To Provide for Legislative Review of Certain Agency Rules and Submission of Certain Authorized Reports and Legislation (AFTER DEADLINE)
Maine Legislature, Session 121, LD 1839
Committee: State and Local Government
Sponsors: RICHARDSON

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1839 
H.P.1365 
House of Representatives, January 30, 2004 
Resolve, To Provide for Legislative Review of Certain Agency Rules 
and Submission of Certain Authorized Reports and Legislation 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative RICHARDSON of Brunswick. 
Printed on recycled paper 
7r/~ 
/J7.7l/dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. 
Whereas, Acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
until 
and 
the 
Whereas, 
certain 
actions 
under 
Evaluation Act required in the second 
authorized for a special session; and 
regular 
resolves 
of 
the 
days 
after 
State 
Government 
session must be 
Whereas, in 
order 
for 
the 
Legislature 
to 
retain 
opportuni ty for meaningful review of certain agency rules, 
legislation must be enacted as an emergency measure; and 
its 
this 
Whereas, the authority or requirement that the Legislature 
has extended to any entity within or outside the Legislature for 
the 
duration 
of 
the 
Second 
Regular 
Session 
of 
the 
121st 
Legislature 
may 
be 
continued 
to 
a 
special 
session only 
by 
emergency enactment of this legislation; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. 
State Government Evaluation Act. 
Resolved: 
That, 
notwithstanding the Maine Revised Statutes, Title 3, section 955, 
any committee of jurisdiction that is required under the State 
Government Evaluation Act to take action or submit a report in 
the Second Regular Session of the 121st Legislature and has not 
done so on the effective date of this resolve is subject to the 
same requirement under that Act for a special session of the 
121st Legislature that convenes before the statutory adjournment 
date of April 21, 2004; and be it further 
Sec. 2. Agency rules. Resolved: 
That, 
notwithstanding the 
Maine Revised Statutes, Title 5, section 8072, subsection 7, any 
major substantive rule submitted for review to the Second Regular 
Session of the l2lst Legislature for legislative review and not 
finally acted upon by the Second Regular Session of the 12lst 
Legislature prior to adjournment must be held over to any special 
session 
of 
the 
l2lst 
Legislature 
that 
convenes 
before 
the 
statutory adjournment date of April 21, 
2004 for review during 
that session; and be it further 
Sec. 3. 
Reports and legislation authorized. 
Resolved: 
Tha t, 
notwithstanding any other law to the contrary, any action, report 
or legislation that is required or authorized to be performed 
during or submitted to the Second Regular Session of the l2lst 
Legislature that has not been performed or submitted on the 
effective date of this resolve is by virtue of this resolve 
Page l-LR2743(1) 
required or authorized, as applicable, for performance during or 
submission to any special session of the 121st Legislature that 
convenes before the statutory adjournment date of April 21, 2004. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve provides for procedural issues that arise 
result of 
a 
special 
session of 
the 
convenes 
before the statutory adjournment date of April 
2004. 
Specifically the resolve does the following. 
as a 
that 
21, 
1. 
It authorizes committees of jurisdiction under the State 
Government Evaluation Act to take actions under that Act in a 
special session. 
2. 
It provides that any major agency rules that have not 
been acted upon may be held over to the special session. 
3. 
It authorizes certain actions in the special session 
that were authorized or required in the second regular session.