An Act Regarding the Commissioner of Education's Rule-making Authority
Maine Legislature, Session 124, LD 1784
Senate Amendment SA_A_S522 (Senate)

SENATE AMENDMENT" A "to H.P. 1272, 1.0. 1784, Bill, "An Act Regarding 
the Commissioner of Education's Rule-making Authority" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Dit"ecting the Joint Standing Committee 011 State and Local Government 
To Study the Rule-making Pl"OCeSS under the Maine Administl"ative PrOCedUl"e Act' 
Amend the bill by striking out evelything after the title and inserting the following: 
'Sec. 1. 
Interim committee study. Resolved: 
That the Joint Standing 
Committee on State and Local Government is authorized to hold up to 3 interim meetings 
to study the rule-making process under the Maine Administrative Procedure Act. In 
conducting the study, the committee 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 information 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 tor 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. 2. Report. Resolved: That the Joint Standing Committee on State and Local 
Government shall, by November 3, 2010, submit a report that includes its findings and 
recommendations on matters relating to the issues identified in section I, along with any 
suggested legislation, to the First Regular Session of the 125th Legislature for 
presentation to the joint standing committee of the Legislature having jurisdiction over 
state and local government matters.' 
Page I - 124LR2535(07)-1 
SENA TE AMENDMENT 
SENATE AMENDMENT "A" to H.P. 1272, L.D. 1784 
SUMMARY 
This amendment changes the concept draft to a resolve. The amendment authorizes 
the Joint Standing Committee on State and Local Government to meet lip to 3 times 
during the 2010 interim for the purpose of studying the rule-making process under the 
Maine Administrative Procedure Act. The committee is required to submit a repolt and 
recommended legislation by November 3, 2010 to the First Regular Session of the 125th 
Legislature. 
~ 
SPONSORED BY: ;~~. 
(Senator BARTLETT) 
. 
COUNTY: Cumberland 
. \i. :\OTE REQUIRED 
(Sec Attached) 
SENA TE AMENDMENT 
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Approved: 04/0611 0 ;:byac 
LD 1784 
LR 2535(07) 
An Act Regarding the Commissioner of Education's Rule-making Authority 
Fiscal Note for Senate Amendment ,A" 
Sponsor: Sen. Bartlett II of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Legislative Cost/Study 
This amendment replaces the bill with a study to be conducted during the 20 10 interim by the Joint Standing 
Committee on State and Local Government. The general operating expenses of this interim study are projected to be 
$5,625 in fiscal year 2010-11. These costs will be funded from the amounts budgeted by the Legislative Council for 
interim committee meetings. 
LR253 5(07) - Fiscal Note - Page I of I