Resolve, Regarding Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and Whereas, immediate resolution of eligibility and other issues is necessary for children with disabilities affected by this resolve; and Whereas, the Department of Education must engage in emergency major substantive rulemaking to resolve these issues for children with disabilities; and Whereas, there is an immediate need to ensure that emergency implementation of rules be undertaken to minimize any harm that might come to children as a result of application of current practices; and Whereas, immediate enactment of this resolve is necessary to direct the Department of Education to engage in emergency major substantive rulemaking to resolve these issues; 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
Maine Legislature, Session 124, LD 0489
House Amendment HA_A_H487 (House)

HOUSE AMENDMENT "If-" to S.P. 188, L.D. 489, 
Continuity of Care in the Child Development Services System" 
Amend the resolve by inserting before section 1 the following: 
"Resolve, Regarding 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires 
legislative authorization before major substantive agency rules may be finally adopted by 
the agency; and 
Whereas, immediate resolution of eligibility and other issues is necessary for 
children with disabilities affected by this resolve; and 
Whereas, the Department of Education must engage in emergency major 
substantive rulemaking to resolve these issues for children with disabilities; and 
Whereas, there is an immediate need to ensure that emergency implementation of 
rules be undertaken to minimize any harm that might come to children as a result of 
application of current practices; and 
Whereas, immediate enactment of this resolve is necessary to direct the Department 
of Education to engage in emergency major substantive rulemaking to resolve these 
issues; 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' 
Amend the resolve in section 1 in subsection 5 in the last line (page 1, line 25 in 
L.D.) by striking out the following: "section." and inserting the following: 'section; and be 
it further' 
' 
Amend the resolve by inserting after section 1 the following: 
'Sec. 2. Emergency major substantive rules. Resolved: That the Department 
of Education shall adopt emergency major substantive rules pursuant to the Maine 
HOUSE AMENDMENT 
\tti~¥J;;· 
HOUSE AMENDMENT ,If;: to S.P. 188, L.D. 489 
Revised Statutes, Title 5, chapter 375, subchapter 2-A as Soon as practicable but not later 
than June 30, 2009 to implement the provisions of section 1. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment adds an emergency preamble and emergency clause and requires the 
Department of Education to~ga..[e in emergency rulemaking. 
SPONSORED BY: 7/~k(d4f;;vt ~ 
(Representative SUTHERLAND) 
TOWN: Chapman 
FISCAL NOTE \{E<,lil\{ED 
(§.ee attached) 
HOUSE AMENDMENT 
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Approved: 05/31/09 frac. 
124·th MAINE LEGISLATURE 
. LD 489 
LR 1853(05) 
Resolve, Regarding Continuity of Care in the Child Development Services System 
Fiscal Note for House Amendment ,p, 
Sponsor: Rep. Sutherland of Chapman 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with emergency rulemaking can be absorbed within 
existing budgeted resources. 
LR 1853(05) - Fiscal Note - Page I of I