An Act Regarding the Conmlissioner of Education's Rule-making Authority
Maine Legislature, Session 124, LD 1784
Committee Amendment CA_A_H777 (House)
Committee: Education and Cultural Affairs

COMMITTEE AMENDMENT "~,, to H.P. 1272, L.D. 1784, Bill, "An Act 
Regarding the Conmlissioner of Education's Rule-making Authority" 
Amend the bill by soiking out the title and substituting the following: 
'Resolve, To Establish the Commission To Study the Rule-making Process under the 
Maine Administrative Procedure Act' 
Amend the bill by striking out everything after tlle title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of tlle Legislafure do not 
become effective until 90 days after adjoununent unless enacted as emergencies; and 
Whereas, tlus resolve establishes the Conunission To Study the Rule-making 
Process under the Maine Adnuniso'ative Procedure Act to study the process sun"ounding 
emergency rulemaking and major substantive rulemaldng to ensure that tlle intentions of 
the Legislature are canied out; and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and 
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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 
inmlediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Commission established. Resolved: That the Commission To Study 
the Rule-making Process under the Maine Administrative Procedure Act, refened to in 
this resolve as "the conunission," is established; and be it further 
Sec. 2. Commission membership. Resolved: That the conunission consists of 
members as follows: 
1. Two members of the Senate appointed by the President of the Senate, including 
one member from the Joint Standing Conunittee on State and Local Government and one 
COMMITTEE AMENDMENT 
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COMMfITEE AMENDMENT ,~ 
.. to H.P. 1272, L.D. 1784 
member from the Joint Standing Committee on Education and Cultural Affairs. The 
appointments must include members from each of the 2 parties holding the largest 
number of seats in the Legislature; 
2. Three members of the House of Representatives appointed by the Speaker of the 
House, including at least one member from the Joint Standing Committee on State and 
Local Government and one member from the Joint Standing Committee on 
Appropriations and Financial Affairs. The appointments must include members from 
each of the 2 parties holding the largest number of seats in the Legislature; 
3. The Secretary of State or the Secretary of State's designee; 
4. The Attorney General or the Attorney General's designee; and 
5. One public member with expertise in the rule-making process appointed by the 
President of the Senate; and be it further 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
commission; and be it further 
Sec. 4. 
Appointments; convening of commission. 
Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the commission. If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the commission to meet and conduct its business; and be it further 
Sec. 5. Duties. Resolved: That the commission shall study issues related to the 
Maine Administrative Procedure Act. In conducting the study, the commission shall 
examine: 
1. 
The circumstances surrounding the adoption of emergency rules, in particular 
major substantive rules, to ensure that the process of adopting an emergency rule is 
applied only when there is truly an emergency; 
2. The Legislature's role in reviewing major substantive rules, including whether 
sufficient inforn1ation is being provided by agencies, oversight functions are adequate and 
appropriate notice is being provided to the public, and the implications for state agencies 
of the statutory deadline for submitting major substantive rules to the Legislature; and 
3. The relationship between the intention of the Legislature in adopting specific 
content in a major substantive rule and the rule as drafted by the department; and be it 
further 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the commission; and be it further 
Sec. 7. 
Report. 
Resolved: 
That, no later than November 3, 2010, the 
commission shall submit a report that includes its findings and recommendations, 
including suggested legislation, for presentation to the First Regular Session of the 125th 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 1272, L.D. 1784 
Legislature. The joint standing committee of the Legislature having jurisdiction over 
state and local government matters is authorized to introduce a bill related to the subject 
matter of the report to the First Regular Session of the 125th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill with 
a resolve. It establishes the Commission To Study the Rule-making Process under the 
Maine Administrative Procedure Act to examine issues relating to emergency rules and 
major substantive rules, including the adequacy of information, legislative oversight and 
notice, the implications for state agencies of the statutOlY deadline for submitting major 
substantive rules to the Legislature and the relationship between legislative intention and 
the rule as drafted by a department. The amendment authorizes the conmussion to make 
findings and recOlmnendations and to submit suggested legislation. The joint standing 
committee of the Legislature having jurisdiction over state and local government matters 
is authorized to submit a bill to the First Regular Session of the 125th Legislature. 
FISCAL :--;OTE RE(2L'1RED 
~~ee attached) 
COMMITTEE AMENDMENT 
Approved: 03/23/10 Mac.. 
LD 1784 
LR 2535(02) 
An Act Regarding the Commissioner of Education's Rule-making Authority 
Fiscal Note for Bill as Amended by Committee Amendment "~' 
Committee: Education and Cultural Affairs 
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Legislative Cost/Study 
Fiscal N()te Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Minor cost increase - General Fund 
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The general operating expenses of this study are projected to be $3,050 in fiscal year 2010-11. The Legislature'S 
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budget includes $10,000 in fiscal year 2010-11 for legislative studies. Whether the amounts are sufficient to fund all 
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studies will depend on the number of studies authorized by the Legislative Council and the Legislature. 
Fiscal Detail and Notes 
Additional costs to the Department of the Attorney General and the Department of Secretary of State associated with 
serving on the Commission can be absorbed within existing budgeted resources. 
LR2535(02) - Fiscal Note - Page 1 of 1 
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