An Act To Permit Electronic Notification of Rulemaking for Interested Parties
Maine Legislature, Session 121, LD 1528
Committee: State and Local Government
Sponsors: McLAUGHLIN, ROTUNDO
Amends: 5 MRSA §8053

Legislative Document 
No. 1528 
H.P.1120 
House of Representatives, April 7, 2003 
An Act To Permit Electronic Notification of Rulemaking for 
Interested Parties 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed. 
'/JJ~ 1J1.1JlQ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. (GOVERNOR'S BILL) 
Cosponsored by Senator ROTUNDO of Androscoggin. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the State must reduce expenditures as a result of a 
weakened economy; and 
Whereas, technology exists to permit communications to be 
made via electronic rather than paper media; and 
Whereas, the use of electronic media for communication would 
reduce the need of and greater costs associated with the use of 
paper media as well as be an environmentally sensitive means of 
disseminating information; 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 enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §8053, sub-§ 1, as amended by PL 1995, c . 373 , 
§4, is further amended to read: 
1. 
Notice of rulemaking without hearing. At least 20 days 
prior to the comment deadline of any rule without hearing, the 
agency shall deliver or mail written notice or, with written or 
electronic agreement of the party, provide electronic notice to: 
A. 
Any person specified by the statute authorizing the 
rulemaking; 
B. 
Any person who has filed within the past year a written 
or 
electronic 
request 
with 
the 
agency 
for 
notice 
of 
ru1emaking; and 
C. 
Any trade, industry, professional, interest group or 
regional publication that the agency considers effective in 
reaching the persons affected. 
Notification to subscribers under paragraph B must be by mail or~ 
with 
written 
or 
electronically 
submitted 
agreement 
of 
the 
subscriber, electronic notice or otherwise in writing to the last 
address provided to the agency by that person. Subscribers under 
paragraph B may request to receive a copy of each proposed rule 
with the written notice. 
The agency shall provide the copy at 
the same time the notice is sent. 
Written or electronic notice must also be given to the Secretary 
of State, by the deadline established by the Secretary of State, 
for publication in accordance with subsection 5. 
This notice 
must be in a format approved by the Secretary of State. 
Sec. 2. 5 MRSA §8053, sub-§3-A, as amended by PL 1995, c. 373, 
§s, is further amended to read: 
3-A. 
Copies of proposed rules available upon request. At 
least 20 days prior to hearing on any proposed rule and at least 
days prior to the comment deadline of any rule without a 
hearing, 
the 
agency shall make 
copies of the proposed rule 
available 
in writing or, 
with 
agreement 
of 
the 
requestor, 
electronically to persons upon request. 
Sec. 3. 5 MRSA §8053, sub-§4, as amended by PL 1981, c. 524, 
§9, is further amended to read: 
4. 
Fee schedule. The agency may establish a fee schedule 
for notice and for proposed rules under SUbsection 1, paragraph 
B, 
imposing a 
cost reasonably related to the actual expense 
entailed. 
Fees 
may 
vary 
depending 
upon 
the 
method 
of 
transmission of notice and the rules being transmitted. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
Under current law, the written notice required in the agency 
rule-making 
process 
must 
be 
made 
by 
delivery 
or 
mail 
to 
statutorily specified recipients. 
This bill permits 
required 
notice to be given to recipients via electronic mail, so long as 
those recipients have agreed in advance that such a manner of 
notice is acceptable. 
The bill also permits copies of proposed 
rules to be distributed in the same manner by agencies. 
As 
a 
result, the bill provides agencies with another medium by which 
to 
distribute 
rule-making 
information 
and 
conserves 
paper 
resources.