An Act To Designate Certain Rules of the Bureau of State Police as Major Substantive Rules
Maine Legislature, Session 123, LD 2022
Committee Amendment CA_A_H701 (House)
Amends: 29-A MRSA §555

COMMITTEE AMENDMENT ,,~ " to H.P. 1406, L.D. 2022, Bill, "An Act To 
Designate Certain Rules of the Bureau of State Police as Major Substantive Rules" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §555, sub-§2, as amended by PL 2005, c. 679, § 1, is further 
amended to read: 
2. Adoption of federal regulations. The bureau may adopt rules to incorporate by 
reference federal regulations in 49 Code of Federal Regulations, Parts 40,382,383, 385, 
390, 391, 392, 393, 395 and 396, as amended, and may adopt amendments to those 
federal regulations. The following provisions apply to the adoption offederal regulations 
under this section. 
A. +fie Except as provided in paragraph A-I. the Maine Administrative Procedure 
Act does not apply to the adoption by reference of federal regulations under this 
subsection. 
A-I. A rule adopted by the bureau under this subsection is a major substantive rule 
as defined in Title 5, chapter 375, subchapter 2-A if it: 
(1) Adopts by reference any provision of the federal regulations described under 
this subsection that would result in a modification of the substance or effect of 
any amendment to the federal regulations adopted by the bureau and in effect on 
the effective date of this paragraph; or 
(2) Adopts an amendment to any federal regulation described under this 
subsection. 
C. For every rule adopted under this subsection: 
(1) The bureau shall file with the Secretary of State: 
(a) A certified copy of the rule; 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" P\," to H.P. 1406, L.D. 2022 
(b) A published copy of the federal regulation or amendment as printed in 
the Federal Register; and 
(c) Annually, a published copy of the updated volume of the Code of Federal 
Regulations containing the federal regulation. 
The bureau shall make available for inspection at no charge, and for copying at actual 
cost, a current published copy of the referenced federal regulations. 
D. The Secretary of State shall publish, pursuant to Title 5, section 8053, subsection 
5, a notice containing the following information: 
(1) A statement that the rule has been adopted and its effective date; 
(2) A brief description of the substance of the rule and the referenced federal 
regulation or amendment; and 
(3) The addresses at which copies of the rule and the federal regulation or 
amendment may be obtained. 
E. The Secretary of State shall maintain and make available at the Secretary of 
State's office for inspection at no charge, and for copying or purchase at actual cost, 
current copies of these rules and include them within the compilations subject to Title 
5, section 8056, subsection 3, paragraphs A-I and B. The Secretary of State shall 
also make available for inspection at no charge and for copying at actual cost a 
current published copy of the referenced federal regulations and amendments. 
F. A rule adopted under this section may not take effect until at least 5 days after 
filing with the Secretary of State, except that, if the bureau finds that immediate 
adoption of the rule is necessary to avoid an immediate threat to public health, safety 
or general welfare, the bureau may adopt the rule as an emergency rule in accordance 
with Title 5, section 8054, and that rule takes effect immediately. 
Sec. 2. 29-A MRS A §555, sub-§4, ~, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
B. Notwithstanding Title 5, section 10051, the Secretary of State may suspend a 
license for lack of sufficient insurance. 
A suspension continues until the Secretary of State is satisfied that the carrier has 
obtained adequate insurance. 
Notice and an opportunity for hearing are as provided Qy the Maine Administrative 
Procedure Act. ' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Transportation, replaces the bill. 
Current law provides that the Department of Public Safety, Bureau of State Police 
may adopt rules to incorporate by reference Federal Motor Carrier Safety Administration 
regulations and that the Maine Administrative Procedure Act does not apply to the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1406, L.D. 2022 
adoption by reference of federal motor carrier safety regulations in the Maine Revised 
Statutes, Title 29-A, section 555. 
The amendment provides that a rule adopted by the bureau is a major substantive rule 
if it adopts by reference any provision of certain Federal Motor Carrier Safety 
Administration regulations that would result in a modification of the substance or effect 
of any amendment to federal motor carrier safety regulations adopted by the bureau and 
in effect on the effective date of the bill or adopts an amendment to those federal motor 
carrier safety regulations. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/22/08 .:tvac. 
LD 2022 
LR 2970(02) 
An Act To Designate Certain Rules of the Bureau of State Police as Major Substantive Rules 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund and Highway Fund 
Additional costs to the Bureau of State Police within the Department of Public Safety associated with rule-making can 
be aosorbed within existing budgeted resources. 
LR2970(02) - Fiscal Note - Page 1 of 1