An Act To Generate Savings by Changing Public Notice Requirements
Maine Legislature, Session 123, LD 1878
Committee Amendment CA_B_H684 (House)
Amends: 5 MRSA §8053, 5 MRSA §8056

COMMITTEE AMENDMENT "j " to H.P. 13 I 0, L.D. 1878, Bill, "An Act To 
Generate Savings by Changing Public Notice Requirements" 
Amend the bill by striking out all of the emergency preamble (page I, lines I to I 2 in 
L.D.) 
Amend the bill by striking out all of section I and inserting the following: 
'Sec. 1. 5 MRSA §8053, sub-§3, as amended by PL 2007, c. 181, §§2 to 4, is 
fUl1her amended to read: 
3. Contents of rulemaking notice. The notice shall Except for notices governed by 
subsections 5 and 7, a notice under this section must: 
A. 
Refer to the statutory authority under which the adoption of the rule is proposed; 
B. 
State the time and place of any scheduled public hearing or state the manner in 
which a hearing may be requested; 
I 
C. 
State the manner and time within which data, views or arguments may be 
" 
submitted to the agency for consideration, whether or not a hearing is held: 
C- I. State the name, address and phone number of the staff person responsible for 
providing additional information or a printed version ofthe proposed rule: 
D. 
If possible, contain the express terms of the proposed rule or otherwise describe 
the substance of the proposed rule, stating the subjects and issues involved, and 
indicate where a copy of the proposed rule may be obtained; 
E. 
Refer to the substantive state or federal law to be implemented by the rules: and 
F. Indicate where a copy of the statement of impact on small business pursuant to 
section 8052, subsection 5-A may be obtained. 
Sec. 2. 5 MRSA §8053, sub-§5, as amended by PL 1991. c. 837. Pt. A. § II. is 
fUl1her amended to read: 
COMMITTEE AMENDMENT 
~. 
.~. 
"'') 
J~ 
"'''' 
JJ 
COMMITTEE AMENDMENT" t" to H.P. 1310, L.D. 1878 
5. Newspaper publication. +Ire Using the format of notice pursuant to subsection 7, 
the Secretary of State shall: 
A. 
Arrange for the weekly publication of a consolidated notice of rule making of all 
state agencies, which shall also include a brief explanation to assist the public in 
participating in the rule-making process. Notice of each rule-making proceeding 
shall be published once 17 to 24 days prior to the public hearing on the proposed rule 
or at least 30 days prior to the last date on which views and arguments may be 
submitted to the agency for consideration if no publ ic hearing is scheduled; 
B. 
Designate certain newspapers, which together have general circulation 
throughout the State, as papers of record for the purpose of publishing notice under 
paragraph A. Notice of proposed rules affecting only a particular locality or region 
need only be published in the designated newspapers having general circulation in the 
area affected~; 
C. 
Designate one day as rules day for publication of notices on rulemaking as set 
forth in this subsection; and 
D. 
Be reimbursed for the cost of publication of rule-making notice by the agencies 
proposing the rulemaking. The total costs of each consolidated publication will be 
prorated by the Secretary of State among all agencies submitting notice for a 
particular week. 
Sec. 3. 5 MRSA §8053, sub-§6 is enacted to read: 
6. 
Electronic publication. 
The Secretary of State shall maintain a publicly 
accessible website for posting the notices of all proposed and adopted rules. The contents 
of the notice for electronic publication are pursuant to subsection 3. Notice of each rule-
making proceeding must be published on the website 17 to 24 days prior to the public 
hearing on the proposed rule or at least 30 days prior to the last date on which views and 
arguments may be submitted to the agency for consideration if no public hearing IS 
scheduled. 
Sec. 4. 5 MRSA §8053, sub-§7 is enacted to read: 
7. Contents of notice for newspaper publication. The notice for publication in the 
newspaper under subsection 5 is shorter than the notice provided for all other purposes 
pursuant to subsection 3. The notice for newspaper publication must: 
A. State the time and place of any scheduled public hearing or state the manner in 
which a hearing mav be requested; 
B. 
State the manner and time within which data, views or arguments may be 
submitted to the agency for consideration, whether or not a hearing is held; 
C. State the name, address and phone number of the staff person responsible for 
providing additional information or a printed version of the proposed rule: 
D. Include a brief and general summary ofthe substance ofthe proposed rule; 
E. 
Provide the website address where the long notice pursuant to subsection 3 IS 
posted; 
COMMITTEE AMENDMENT 
.ce· 
~ 
" 
.) 
II 
')" 
-.) 
COMMITTEE AMENDMENT .. b "to H.P. I3IO, L.D. 1878 
F. Indicate where a copy of the statement of impact on small business pursuant to 
section 8052, subsection 5-A may be obtained; and 
G. 
Indicate the impact on municipalities or counties only if there is an expected 
financial impact on municipalities identified under section 8063. 
Sec. 5. 5 MRSA §8056, sub-§l-A is enacted to read: 
I-A. Newspaper publication. With respect to every rule adopted, the agency itself 
may publish a notice in the newspaper. That notice must include the information outlined 
in section 8053, subsection 7, paragraphs C, D, F and G.' 
Amend the bill by striking out all of section 3. 
Amend the bill by striking out all of the emergency clause. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes out the section of the bill that phases out the publication of 
rulemaking notices in the newspaper and that requires placing those notices solely on a 
publicly accessible website. 
The amendment changes the requirements for public notice of proposed rules in the 
newspaper with the intention to make the notices shorter. It removes from the newspaper 
notice the requirement to refer to the statutory or federal authority for the rule and 
replaces the requirement for the express terms of the proposed rule with a general 
statement on the substance. The notices posted on the publicly accessible website must 
meet the original requirements for the notice. 
The amendment removes the requirement that adopted rules be published in the 
newspaper and requires rules to be published on the website. Agencies may choose to 
publish notice of adopted rules in the newspaper. 
The amendment removes the emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/01/08 frac. 
LD 1878 
LR 2601(04) 
An Act To Generate Savings by Changing Public Notice Requirements 
Fiscal Note for Bill as Amended by Committee Amendment" B " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium savings - All Funds 
Fiscal Detail and Notes 
This legislation changes the requirements for public notice for proposed rules in the newspaper with the intention of 
making the notices shorter and also removes the requirement for adopted rules to be published in the newspaper. 
Based upon historical data related to number of advertisements and advertising costs, it is estimated that this change 
will result in annual savings statewide in fiscal year 2008-2009 of approximately $200,000. 
LR2601(04) - Fiscal Note - Page 1 of 1